sunny1000
04-07 04:02 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
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tdasara
02-08 08:58 AM
L1A - Multinational managers
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
L1b - specialized foreign worker on intracompany transfer.
You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.
Most of us work for US companies who do not have branches overseas!
pmamp
03-20 03:31 PM
I think there is something cooking. As always will have to wait .....
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alien2006
08-07 03:05 PM
Prevailing wage for EB2 as of latest information i have is $83,200
Hope this helps.
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Hope this helps.
Okay that is so vague. Wages depend on the location of job, type of job, etc.
more...
nath.exists
11-03 04:17 PM
shilpi,you dint have to respond if you found my questions dumb. Please refrain from judging my post. A couple of the questions might look repetitive but i seriously need help with those issues before filing for cross chargeability.
morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
more...
vishal
04-16 01:10 PM
hi friends,
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
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zulo1715
10-20 05:44 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
more...
hopelessGC
04-28 11:44 AM
Very similar issue happened with my relative just a couple of months ago.
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
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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?
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tabaching
10-22 12:43 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
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admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
more...
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msandhu
01-12 04:30 PM
Whether you have used EAD or not is not an issues. You can file renewal anytime. Just send the current copy of your H1 while renewing. Also you don't need to go through lawyer to file EAD or renewal of EAD. I e-filed EAD for myself and my wife on my own the first time. I also filed renewals and got them in about 2 months time.
Let me know if you need any information on renewal process.
About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.
Cheers
MSandhu
Let me know if you need any information on renewal process.
About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.
Cheers
MSandhu
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gondalguru
06-20 12:09 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
more...
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Michael chertoff
11-25 12:48 PM
I feel MC was being sarcastic as usual.
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
Thanks for understanding.
MC
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
Thanks for understanding.
MC
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cox
October 6th, 2005, 01:52 AM
Over a hundred people have looked at this and no one has anything helpful to say about extension tubes?!? Guess I'm on my own...
more...
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mnkaushik
02-06 03:38 PM
I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.
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summitpointe
04-09 04:09 PM
:)
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roseball
07-20 05:37 PM
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.
You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..
NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.
You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..
purgan
05-01 08:39 PM
Today, Robert Rector, the immigration guru at the conservative Heritage Foundation testified before the House Judicary Immigration Subcommittee.
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
niklshah
09-19 11:01 PM
Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...
hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...
hey bro i did not give u red dot for spelling mistake, i frankly told u to edit it...
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