kondur_007
02-23 08:37 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
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ping1
07-17 05:48 PM
Dear Lofgren,
Thank you very much for your effort.
Thank you very much for your effort.
crystal
08-16 05:14 PM
ITIN is not meant for work. You cannot substitute ITIN for SSN. As I posted before you can apply for SSN and start working with out waiting for SSN.
2011 And not only does “Fast Five”
Daisy
05-25 04:35 AM
Fax sent
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mrsahaayam
09-02 01:10 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
ras
05-28 01:57 PM
If the fee is reduced then it will have impact on the number of personnel that USCIS can employ which inturn delays the whole application process. So rather with the fee let the USCIS have enough personnel to dispose of the cases.
And of course as mentioned above it is good idea that the attorneys take less fee so the burden is less on the applicant. And may be USCIS could simplify and come up with application procedures such that there is not much of an attorney intervention to comply with the law.
And of course as mentioned above it is good idea that the attorneys take less fee so the burden is less on the applicant. And may be USCIS could simplify and come up with application procedures such that there is not much of an attorney intervention to comply with the law.
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busy
03-08 09:49 PM
By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.
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kondur_007
07-21 08:59 PM
Your Lawyer is correct:
As you left your employer in less than 180days from filing 485, you can not invoke AC21.
The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.
Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).
Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).
Good Luck.
As you left your employer in less than 180days from filing 485, you can not invoke AC21.
The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.
Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).
Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).
Good Luck.
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Winner
06-18 03:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire? :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Cognizant to Wipro? Out of the frying pan, into a fire? :)
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pd_recapturing
10-14 07:27 PM
My DL is going to be expired in Nov and I have H1 stamped till Jan 08. I received EAD till Sep 08. I am planning to go to DMV to renew the DL. I will be carrying EAD and Passport (with H1b stamp). Please note that I have not applied H1B extn so far. I have following questions:
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
3) I live in VA, can someone pls share his/her experience in this regard ?
Thanks
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
3) I live in VA, can someone pls share his/her experience in this regard ?
Thanks
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vin13
04-08 12:36 PM
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?
Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D
Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?
Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D
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kumar_herald
04-04 05:28 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
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lelica32
04-16 12:56 PM
Is it B1 or B2 visa ?
Even with a B visa you cannot work without permision from DHS.
Even with a B visa you cannot work without permision from DHS.
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krchowdary
01-18 03:17 PM
we are all once H1b holders
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gcgonewild
03-10 03:24 PM
It's been the case for about 2 weeks with NJ.
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sat2010
03-05 11:23 AM
Congratulations All , good to know that eb3 to eb2 case is going through.
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
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immigrationvoice1
10-02 01:44 PM
Here is what you get when you apply for student loans without GC/US Citizenship:
1. Trust loans (called Stafford loans also).
2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.
In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.
Hope that helps.
1. Trust loans (called Stafford loans also).
2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.
In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.
Hope that helps.
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logiclife
11-28 10:26 AM
Now this is just to get an idea on what to expect if one of the Immigration bills passes and signed in to law say by mid 2007.
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
What can we expect next?
Dates would move forward depending on the increase in numbers.
What will happen to highly retrogressed countries like Indian, China? When can they expect any tangible results?
Depends on how much the numbers increase, whether there is any kind of per-country quota, coz if there is, then India and China would get screwed because of heavy demand from these 2 countries. CIR will start from square 1 in the next congress and would go back to the judiciary committee, Floor, conference, -- the whole process would be happening all over again.
What will happen to the �Rest of the World� category? When do you think they can expect results?
Rest of the world will be better off than India and China. Unless you are really unlucky and the demand from your country's subscribers increases and there is a separete PD for your country too, like India, China and Phillipines.
What will happen if ALL or Most of the catagories become current. Are we going to get stuck with processing delays for months or years to come ?
YES. If the dates move really really forward, -- like 2005 and 2006, the sheer number of I-485s will bury the USCIS. Expect huge delays. Unless we act on DOS to fund certain agencies we are not going to see any improvement in 485 processing times. The worst part about 485 is that USCIS alone cannot revolutionize its process and solve problems. There is the FBI name check(Dept of Justice) and also DOS involved. Our work will not end when SKIL bill passes. We would have to lobby for administrative reform to fund these agencies. FBI's namecheck division is heavily used by a lot of government and private agencies after 9/11 and they are really underfunded. We, may have to work on our issues even after SKIL bill passes. Unless of course we are really content on spending 5-6 years on EAD/AP. From what I hear, life is not really that great even on EAD/AP
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dh010447
03-24 10:11 AM
Lucky you!! Mine was filed on Jan 5th and still waiting!!
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.
i have until July 1012... Hopefully enough time for my PERM approval...
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.
i have until July 1012... Hopefully enough time for my PERM approval...
rtarar
02-12 07:21 AM
I am a july 2 nd filer.
No FP yet.
No FP yet.
digital2k
08-14 02:11 PM
:)
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
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