gcsucks
06-01 02:37 PM
I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!But it does increase the GC quota which will substantially hasten the process
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cptbaseball
05-14 11:59 AM
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
roseball
02-20 09:04 AM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
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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?
more...
go_guy123
01-07 10:32 PM
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :confused:
It doesnt matter who is paying taxes or not. The immigration lobby is all about vote bank
and non-skilled immigration has the upper hand over skilled ones. The senate is still under democratic party and they will roadblock any immigration bill for skilled unless there is something for the "illegals" (more likely theey will try to attach Dream act)
It doesnt matter who is paying taxes or not. The immigration lobby is all about vote bank
and non-skilled immigration has the upper hand over skilled ones. The senate is still under democratic party and they will roadblock any immigration bill for skilled unless there is something for the "illegals" (more likely theey will try to attach Dream act)
ilikekilo
04-19 06:11 PM
When you go for a loan against the credit card balance, there are two types.
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..
more...
immi_seeker
09-13 01:22 PM
What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).
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amitga
02-10 06:52 PM
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
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inUSA2000
01-31 02:11 PM
Get your degree evaluated by WES http://www.wes.org. or http://www.trustfortecorp.com/cou_evaluations.html
They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.
I am surprised how your attorney did not do this before submitting the application.
GOOD luck
They will do a course by course evaluation and will let you know if your degree is equivalent to 4 year US degree. I am not sure if they will evaluate aptech one but try it out. Keep this copy with you and incase you get a RFE, answer it with this report. There is high chances that it will be approved.
I am surprised how your attorney did not do this before submitting the application.
GOOD luck
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Soul
05-27 05:27 PM
:P
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BPforGC
03-05 11:52 PM
My wife got RFE before leaving for India. Unless you know what the RFE is about, do not leave the country under any circumstances. RFE dates cannot be extended without compelling reasons. If you do not answer RFE, your petition has the chance of being considered "abandoned". Call the service center, not customer service, and find out about the content of RFE and tell them that you updated the address but you still did not get it.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
They have access to read what is in the RFE. For my wife, the IO at NSC read the RFE content and told that it is about birth certificate. So, call and find out what is in there and take care of it first. Under any circumstances do not leave the country without answering the RFE otherwise you may not be able to come back, because it may lead to your petition considered abandoned. This risk is greatest if you use AP.
If your wife is traveling on H4, then she can enter using that VISA as long as if you maintain valid H1B. But if you are on EAD and she is traveling on AP, do not take risk. Do not listen to multiple people because you get half-cooked answers. I went through that situation and I am telling you, get to the bottom of the RFE, fast.
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Nil
11-09 09:19 PM
^^^^
more...
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americandesi
07-05 04:38 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
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meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
more...
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Suva
04-17 01:43 PM
Hello Frnds,
I would like to share some important information regarding AINP.
AINP Strategic recruiteement stream -U.S Visa holder is open.I directly spoke to the immigration officer.The only change is they are revising the NOC List thats it.I donno why people place messages with Half Knowledge.see u r Noc is in the below URL
WWW.ALBERTACANADA.COM\AINP
OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?
I would like to share some important information regarding AINP.
AINP Strategic recruiteement stream -U.S Visa holder is open.I directly spoke to the immigration officer.The only change is they are revising the NOC List thats it.I donno why people place messages with Half Knowledge.see u r Noc is in the below URL
WWW.ALBERTACANADA.COM\AINP
OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?
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gsc999
02-08 10:33 PM
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
more...
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kaisersose
07-16 02:39 PM
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
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americandesi
06-17 12:05 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
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krishmunn
02-19 12:46 PM
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
marlon2006
06-14 11:30 AM
Yes. It seems that NY was a little behind NSC.
It is a very, very inconvenient situation to be in. We are getting older and this lack of professional freedom has potential to ruin our careers you know.
Since it is now on Oct/2001, it seems you should be getting closer to file I-485. Chances are you will be able to see this going to Nov/2001 as early as next month ! That could give you some relief.
I started my masters, but ironically, we are not eligible for in-state tuition therefore I put studies on hold, waiting for the GC. It is hard paying from our own pockets, it is very expensive and at the same time I already received job offers from employers in this area that would be willing to pay the graduate studies 100%, but again, I am waiting for the GC so that I could move on.
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
It is a very, very inconvenient situation to be in. We are getting older and this lack of professional freedom has potential to ruin our careers you know.
Since it is now on Oct/2001, it seems you should be getting closer to file I-485. Chances are you will be able to see this going to Nov/2001 as early as next month ! That could give you some relief.
I started my masters, but ironically, we are not eligible for in-state tuition therefore I put studies on hold, waiting for the GC. It is hard paying from our own pockets, it is very expensive and at the same time I already received job offers from employers in this area that would be willing to pay the graduate studies 100%, but again, I am waiting for the GC so that I could move on.
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
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