prav27
01-20 09:45 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"
You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"
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dhesha
04-15 04:24 PM
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
NJoy the USCIS broken system of LC SUB buddy.
We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
NJoy the USCIS broken system of LC SUB buddy.
We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.
looneytunezez
06-05 07:02 PM
Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.
Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...
Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...
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stuckinindia
10-22 03:13 PM
Hello,
I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
:mad:
Any advise? Can I contact someone to help expedite this process?
I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
:mad:
Any advise? Can I contact someone to help expedite this process?
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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
buehler
05-14 08:47 AM
Anti trust lawsuits are brought about when it is found that a company or institution is using it's power of monopoly to bring in anti-competitive measures. In this case, which institution is using it's monopoly - the government?
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gc_chahiye
08-30 02:50 PM
you are ok. You only needed to get married anytime before your I-485 is approved.
BTW that is a funny title for the thread "single and then married". Most of us are indeed single before we get married :)
BTW that is a funny title for the thread "single and then married". Most of us are indeed single before we get married :)
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MTsoul
04-03 01:15 PM
http://www.eboris.com/images/mail.gif support@eboris.com (support@eboris.com)
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!
Okay, this is a bit off topic, but where did you get those? :p:
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!
Okay, this is a bit off topic, but where did you get those? :p:
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EB2_Jun03_dude
04-22 12:29 PM
I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
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snathan
08-10 10:25 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
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pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
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roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
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morchu
05-27 12:44 PM
Wrong info.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
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waitin_toolong
10-03 11:40 AM
as soon as you get it.
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sparky_jones
01-16 09:14 AM
I went for an Infopass appointment at the Boston USCIS District Office today. My wife's case status had suddenly changed to "On November 5, 2007 a notice was returned to us undeliverable..." on Jan 7, and we wanted to find out what was going on (the national customer service was of no help at all when we called). Our appointment was at 8.15 AM; we arrived at the JFK Building (Government Center) at 8 AM, went through the standard federal security (very much like an airport) to the USCIS suite. There was hardly anybody waiting in line. The officer at the door checked our appointment notice, and gave us a ticket number, and asked us to take a seat and wait for our number to be called. The arrangment there is like the social security office...there are service counters, and a waiting area in front where you sit and wait to be called.
When our number was called, we walked up to the counter, and the agent greeted us and asked us to present our appointment letter and an ID. She then asked us the purpose of our visit. I explained to her how the status on my wife's pending I-485 had changed to "Notice returned undeliverable", and we were concerned about a missed deadline. She asked for the I-485 receipt notice, then proceeded to look for information on her computer. She repeated our mailing address that was in the system, and asked us to confirm that it was correct. She then printed out something, and told us she'll be right back. I guess she went to see her supervisor for some help (she appeared to be new). After about 5-7 minutes, she came back and told us that she couldn't see what the notice was that was returned, but everything looked ok on my wife's case. She told us (without our asking) that her name check was cleared, and so was her fingerprint search. She said that the case was assigned to an officer, and it was last updated on Jan 7.
Although the agent could still not tell us what was returned undeliverable, she pretty much cleared our doubt that a biometrics appoinmtment or something else was pending. She also confirmed that the name check was cleared.
Our infopass experience at the Boston office was pleasant and fruitful. I think one should try to go early, as there is less crowd, and agents are willing to spend more time answering your questions.
When our number was called, we walked up to the counter, and the agent greeted us and asked us to present our appointment letter and an ID. She then asked us the purpose of our visit. I explained to her how the status on my wife's pending I-485 had changed to "Notice returned undeliverable", and we were concerned about a missed deadline. She asked for the I-485 receipt notice, then proceeded to look for information on her computer. She repeated our mailing address that was in the system, and asked us to confirm that it was correct. She then printed out something, and told us she'll be right back. I guess she went to see her supervisor for some help (she appeared to be new). After about 5-7 minutes, she came back and told us that she couldn't see what the notice was that was returned, but everything looked ok on my wife's case. She told us (without our asking) that her name check was cleared, and so was her fingerprint search. She said that the case was assigned to an officer, and it was last updated on Jan 7.
Although the agent could still not tell us what was returned undeliverable, she pretty much cleared our doubt that a biometrics appoinmtment or something else was pending. She also confirmed that the name check was cleared.
Our infopass experience at the Boston office was pleasant and fruitful. I think one should try to go early, as there is less crowd, and agents are willing to spend more time answering your questions.
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sangmami
07-12 09:37 AM
/12/2007: USCIS Reportedly Returning Visa Numbers to DOS
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess
can any1 interpret wat this means
thanks
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess
can any1 interpret wat this means
thanks
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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alex99
09-14 04:23 PM
I have an issue with my I-94 and need your advice on this.
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
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s416504
11-04 10:57 AM
Does any one knows if I485 pending people (180Plus Days) eligible for State Unemployment Benefits?
DSLStart
08-23 10:03 AM
That memo became an subject of sunday morning talk shows on Fox, CNN etc and now even USCIS has rescinded from it.
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
July2007
01-21 04:41 PM
AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?
Thanks!
Thanks!
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