GCEB2
06-25 02:07 PM
Thanks vkmurthy.
Iam on H4 visa and got my ssn just last months, can i still go out of country and come as i have valid H4 visa till 2009.
Iam on H4 visa and got my ssn just last months, can i still go out of country and come as i have valid H4 visa till 2009.
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amsgc
06-20 12:05 AM
gondal, paskal
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
iv4gc
07-28 12:57 PM
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
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kk_kk
07-16 01:59 PM
Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.
Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?
Thank You.
Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?
Thank You.
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BMS1
09-25 12:39 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
raj2007
06-23 09:31 AM
My lawyer have said that I need to submit last year's tax return.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
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gcdreamer05
11-19 12:57 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
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krucie
03-16 05:03 PM
saps,
Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.
However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?
Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.
However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?
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garybanz
01-08 10:14 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
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meridiani.planum
07-18 10:37 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
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kart2007
11-19 01:48 PM
Yes ,I had the same issue, try now its working good
Thanks, I will try now.
BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).
Thanks, I will try now.
BTW USPS does not forward federal emails (and the ones where return service is requested). It may depend upon you luck if they forward it. However they do hold such mails for pickup (which is what i have done).
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adi787
08-29 05:57 PM
Hello RamK
Can you please let me know, what you did finally?
I'm in the same boat.
awaiting for your reply.
Can you please let me know, what you did finally?
I'm in the same boat.
awaiting for your reply.
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sac-r-ten
01-07 11:46 AM
Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.
Just my thoughts.All the best.
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masala dosa
09-21 04:27 PM
I doubt if a Masters qualify for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
There is no way you can file under EB1
You can go max to Eb2 or Eb3
if its big co you work for then they will stick to eb3
if its some tolly molly software co then u get eb2
either way you are screwed.
Cheers
There is no way you can file under EB1
You can go max to Eb2 or Eb3
if its big co you work for then they will stick to eb3
if its some tolly molly software co then u get eb2
either way you are screwed.
Cheers
more...
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manishi
11-18 03:46 PM
Thank you all for explaining me . I now got an idea why still people look at PD's even though they applied for I-485.
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getta05
03-27 03:06 PM
I dont understand.
Why is it limited to 5%?
Why is it limited to 5%?
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Leo07
05-19 10:24 AM
bump^^^^^^^^^^^^^
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surabhi
08-11 10:39 AM
Hi
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
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gnrajagopal
08-19 02:15 AM
Does your welcome letter/approval say anything about ADIT process?. thanks
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
Cant seem to find anything about it. There is only details on when i would receive the card and stuff like that.
InTheMoment
04-03 03:15 AM
Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.
Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.
Doing this should be your first order of business.
Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.
Doing this should be your first order of business.
msr999
08-14 07:46 PM
Thanks ConchShell.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
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