vghc
07-20 11:31 PM
Msians will be issued a visa the the point of entry. Commonwealth country thingy.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
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kisana
08-15 11:07 AM
I am currently working for compnay A. I got selected for company B. They already started my H1B transfer. But some how I got in troouble in one offense. I already told my company about this offense, they are saying they will be able to support me on the employment point of view. I have fear in my my that if something goes wrong I may not be able to join that company.
I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.
I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.
raysaikat
01-14 02:18 AM
If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.
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edaltsis
08-19 01:20 PM
If you ask them to expedite then you are talking to a wall..which means that is next to impossible. I requested them to expedite my EAD renewal twice and they refused to do so (email reply). My case is 78 days old now and the current EAD is expiring in a month from now.
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sunny1000
02-22 12:58 PM
Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.
la_guy
06-27 06:43 PM
From immigration-law
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
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vallabhu
10-03 12:56 PM
I don't think there are any adverse effects of updating them with correct address, I applied for 485 in July moved end of august and updated my address with them, All my Receipts and EAD and biometric were returned to them and they resent them to new address with a thank yo note for updating address.
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newyorker123
06-10 03:12 PM
How long does FQIA on my I-485 application will take ?
Please let me know.
I created similar thread before, just lost in time.
----------------------------------------------------------------------------------------------------
Contributed $200 towards Advocacy.
Please let me know.
I created similar thread before, just lost in time.
----------------------------------------------------------------------------------------------------
Contributed $200 towards Advocacy.
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gcformeornot
01-29 05:52 PM
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
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theoneit
02-14 05:30 PM
hi,
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
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jackie3
05-07 05:42 AM
hi jase21. i think .net is the best programming language till date. wat do u think?
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
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dealsnet
10-12 02:03 PM
You want to bring him and file I130 ?
If he marry a US citizen, she can file his I-130 eventhough he is out of status.
(If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
For parent , brother/sister filing, I don't know and I don't think it is possible.
Hi
My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????
Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
Thank you very much
If he marry a US citizen, she can file his I-130 eventhough he is out of status.
(If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
For parent , brother/sister filing, I don't know and I don't think it is possible.
Hi
My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????
Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
Thank you very much
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abcka111
05-01 06:57 PM
My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:
1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?
2. If he finds a job after getting fired, will he be out of status till he finds a job?
3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?
4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?
1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?
2. If he finds a job after getting fired, will he be out of status till he finds a job?
3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?
4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?
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gc_chahiye
09-19 05:21 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
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chanduv23
04-03 09:14 PM
Hi all, not sure if this has been posted in any other thread, if so, Admin please delete.
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
Anything on 2 year EAD?
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
Anything on 2 year EAD?
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krishmunn
03-30 10:26 AM
Once you take appointment you can call the same consulate and sned required documents and get PIMS verified.
You mean even the consultaes in India verify that ? I thought only those in Mexico do that.
You mean even the consultaes in India verify that ? I thought only those in Mexico do that.
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abhishek101
12-04 02:17 PM
Yes you can,
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
amitjoey
01-14 11:08 AM
If they do approve your I485, you still have 180 days to file your dependants. It is called "Follow to join". Do a google search on "Follow to join greencard for spouse".
Please consult your lawyer
Please consult your lawyer
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