meridiani.planum
02-21 12:37 AM
1. H1 (assuming in your H1petition you had requested a change of status from H4 to H1 and as part of theapproval you have a new I94).
2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
wallpaper George Orwell Animal Farm
texcan
02-26 11:09 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
Ann Ruben
04-17 02:21 PM
Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
2011 Animal Farm George Orwell Map
trueguy
08-11 04:06 PM
bump
more...
supreet
05-15 12:46 AM
Hello All,
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
feedfront
09-14 02:06 PM
Gr8 idea. I'm in..
more...
milind70
07-26 01:04 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
2010 George+orwell+animal+farm+
blah45
10-09 06:26 PM
Called USCIS and my information is still not in their database. The operator asked me to call again later.
:(:mad:
:(:mad:
more...
siva008
02-24 09:08 PM
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
Thank you
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
Thank you
hair Animal Farm by George Orwell
gcventure
04-07 04:32 PM
ggc,
What was the outcome of your interview. Did you get 485 approval. I am in a similar situation. Appreciate your reply.
What was the outcome of your interview. Did you get 485 approval. I am in a similar situation. Appreciate your reply.
more...
diptam
06-30 05:26 PM
Interestingly lot of folks like me are doing 485 on their own - because its NOT difficult. Its small Project and you have to get the Docs right and complete.
Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?
So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
lawyer answering it.
I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!
I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
Since the Visa bulletion is still showing current i have a right to do that.
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?
So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
lawyer answering it.
I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!
I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
Since the Visa bulletion is still showing current i have a right to do that.
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
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little_willy
05-22 08:46 PM
What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.
more...
house Animal Farm George Orwell Book
saibaba
12-18 03:51 PM
You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
tattoo ANIMAL FARM FRONTISPIECE E.P.
morchu
05-04 02:02 PM
Please be aware that logic and emotions doesnt matter much for this.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.
My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.
I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.
USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.
Please, if anyone has any experience with filing a motion let us know about it.
more...
pictures george orwell animal farm
redgreen
01-29 04:29 PM
Can you please explain why E-verify is going to badly affect a legal employment based GC applicant? I was thinking that this is good for most 'legal' people.
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seekerofpeace
09-10 11:17 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
more...
makeup George Orwell - Animal Farm
techskill
08-10 04:55 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
Correct me if i am wrong. In May Visa bulletin the PD date was April 2004 and in June 13 th Visa bulletin it was Current for July filer and after that everybody knows about the fiasco. How come you filed in June when your PD was not current (Your PD in mail is Dec 2005)?
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
Correct me if i am wrong. In May Visa bulletin the PD date was April 2004 and in June 13 th Visa bulletin it was Current for July filer and after that everybody knows about the fiasco. How come you filed in June when your PD was not current (Your PD in mail is Dec 2005)?
girlfriend George+orwell+animal+farm+
senthil
02-07 08:48 AM
folks - this is what ive been told.
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
hairstyles Animal Farm George Orwell
Project_A
10-27 10:07 AM
Thank you.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
villamonte6100
06-27 09:48 AM
I have I140 approval notice, Where can I see the A#?
It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.
Even my lawyer could not remember where my A# came from and I pointed it out to her.
Some people say, they didn't get it. I'm not really sure.
Please check your I140 approval.
It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.
Even my lawyer could not remember where my A# came from and I pointed it out to her.
Some people say, they didn't get it. I'm not really sure.
Please check your I140 approval.
morchu
04-27 03:08 PM
Yes. Show Company-A unexpired H1-visa-stamp and Company-C H1-I797-Approval Notice at port of entry.
Can i use the same Visa for reentry to US when i am coming back on May/June.
Thanks
Can i use the same Visa for reentry to US when i am coming back on May/June.
Thanks
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