newbie2020
11-26 05:15 PM
BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
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bbct
02-18 10:51 AM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
So check with attorney.
This is not true. We are a case study for this scenario. We were not able file to our I-485 because my wife was out-of-status by not working on H1B. Our attorney advised to go out of the country and come back on H4 so we can file our I-485. If you have received H1-B approval with I-94 attached to it, it means your COS was requested by the employer and your new status is H1B and not H4. Even if you have unexpired H4 visa stamp in your passport it becomes invalid. You will get a new visa when you go for stamping.
at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
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510picker
December 3rd, 2008, 06:06 AM
I'll be anxious to hear your opinion once you've spent some time with your new equipment.
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theconfused
12-15 07:57 PM
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
JEESEE
05-11 01:29 PM
Thanks bkshres.
When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.
Will that make her ineligible for Applying for FAFSA?
Thanks
When last time we entered in USA in Feb 2009, We used our H1/H4 visa to enter even if we had our AP in hand. So Her I-94 will show H4 stamping.
Will that make her ineligible for Applying for FAFSA?
Thanks
more...
gondalguru
07-26 06:56 PM
superdude,
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
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speddi
09-13 06:35 PM
BUMP
Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?
Thank you
Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?
Thank you
more...
glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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sanju
04-19 10:59 PM
can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?
Googling around, and am not able to find anything...
Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".
Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.
Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.
This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.
Hope this answers your question.
Googling around, and am not able to find anything...
Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".
Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.
Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.
This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.
Hope this answers your question.
more...
arc
10-04 01:38 PM
Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
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hk196712
07-16 12:40 PM
My PD is Sept 2005, EB2-NIW.
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desi3933
04-06 04:34 PM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
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immigrationvoice1
04-09 04:37 PM
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.
more...
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vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
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sanjay02
10-17 08:24 PM
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
more...
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wellwishergc
07-11 12:52 PM
^^^^^^^^^
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punjabi
01-28 09:47 AM
CONGRATULATIONS!!!
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
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alisa
07-05 01:50 PM
The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U.
Did USCIS stop paying attention to EB-2 vs EB-3 classification?
How about country limits? Did USCIS give India more than 3K visas?
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?
Did USCIS stop paying attention to EB-2 vs EB-3 classification?
How about country limits? Did USCIS give India more than 3K visas?
Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June?
Sakthisagar
05-19 10:40 AM
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
mbawa2574
07-07 08:14 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
There is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
There is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
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