desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
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raysaikat
07-19 10:20 PM
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
There is an obvious difference between "fretting over" and "reflecting". You seem not to understand the difference (reminds me of George W. Bush on Iraq war).
shamu
01-11 09:46 PM
Dont worry...we are not alone. Infact, we (I and my wife) are going through this phase as we speak.
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
Thank you very much, I wish you both good luck.
I am trying to find options with hospitals with maternity plan.
thank you very much.
i will post my options and results in this forum which would be helpful for all.
once again thank you and thank you all!
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
Thank you very much, I wish you both good luck.
I am trying to find options with hospitals with maternity plan.
thank you very much.
i will post my options and results in this forum which would be helpful for all.
once again thank you and thank you all!
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whattodo
07-27 02:51 PM
Guys, don't take ownership and don't judge what other can do or can't do.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
It seems like you are showing your "bossism" on what we should say here. If people has right to call and publish here, then others have right to criticize their decision to call. We should NOT encourage such irrational behavior of calling USCIS daily for no reason.
It is their discretion to call or not to call. They called and they are passing information.
Here everybody is showing bossism for nothing.
It seems like you are showing your "bossism" on what we should say here. If people has right to call and publish here, then others have right to criticize their decision to call. We should NOT encourage such irrational behavior of calling USCIS daily for no reason.
more...
eilsoe
02-10 09:26 AM
how on earth could he have gained 12 votes so fast???
grr!!!!
:(
oh well, it's just a battle :beam:
grr!!!!
:(
oh well, it's just a battle :beam:
gc_chahiye
08-31 04:41 PM
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!
more...
walking_dude
12-05 06:18 PM
Providing ability to file AOS (485) without priority dates being current is part of the IV agenda. Nobody is ignoring the plight of those who have been left behind. IV is still working for your cause.
Have patience. There's a funding drive for Recapturing going on right now. It will help you (and others) to file 485. If unused visa numbers are captured dates will become current again, and you can apply for AOS. Given that PDs will jump forward by years in every category you have a good chance of getting GC in a short period of time.
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
Have patience. There's a funding drive for Recapturing going on right now. It will help you (and others) to file 485. If unused visa numbers are captured dates will become current again, and you can apply for AOS. Given that PDs will jump forward by years in every category you have a good chance of getting GC in a short period of time.
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
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manoj_2002
07-19 01:39 PM
I was on bench for about 4-5 months in 2004, so didn't get paid. Will it pose any problem?
Well, I have been with the same Employer all along since my date of entry, and the only problem is my W-2 amount for 2004 is kind of 50% of my offer amount.
Same in case of 2003 also. But my last date of entry is 2004, so I am thinking I NEED NOT worry about 2003, just worry about 2004.
I really apreciate it, if someone clarifies the implications.
Please...
Well, I have been with the same Employer all along since my date of entry, and the only problem is my W-2 amount for 2004 is kind of 50% of my offer amount.
Same in case of 2003 also. But my last date of entry is 2004, so I am thinking I NEED NOT worry about 2003, just worry about 2004.
I really apreciate it, if someone clarifies the implications.
Please...
more...
VMH_GC
07-10 08:16 PM
I think we should brought up this to indian government and use government powers to pressure CNN in india to take up this matter with Mr. Turner.
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small2006
07-02 04:17 PM
Medical = $600
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
more...
pmb76
07-20 04:57 AM
You sure are a spindoctor : You gave yourself a worthy id. Why do you have to call USCIS cruel for the choices you made ? USCIS has not separated you from your wife. You have chosen to live in this country and you have the choice to be with her or not. Remember - no one can force you to do anything in this world. Life is always a tradeoff for every living creature in this world and we must learn to make the best of it. Although I do sympathize with you - you need to grow up and stop blaming others for your mistakes.
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gc_on_demand
06-01 11:08 AM
I did my part
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mheggade
08-01 01:15 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
Just use the search option. I think this question has been answered several times
Just use the search option. I think this question has been answered several times
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kumarc123
08-22 01:41 PM
NJIT
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
more...
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sundeep14
08-21 09:20 AM
Friend,
I firmly believe that you should not let go this company who screwed u....first and foremost hire a good immigration lawyer (i know it will cost some $$$)....but its important...and discuss with him your case...then sue that bastard company and let him have sleepless nights for couple of months....
Its fraud for the company to accept money for filin 140/labor....they will be screwed more for that...u can mention that the company told u that each employee pays his own costs....and hence u gave him money
I firmly believe that you should not let go this company who screwed u....first and foremost hire a good immigration lawyer (i know it will cost some $$$)....but its important...and discuss with him your case...then sue that bastard company and let him have sleepless nights for couple of months....
Its fraud for the company to accept money for filin 140/labor....they will be screwed more for that...u can mention that the company told u that each employee pays his own costs....and hence u gave him money
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smuggymba
04-23 02:29 PM
yesetrday on CNN, AC 360, there were two latino ladies (US Citizens) and they kept saying that this bill is illegal and should be vetoed.
All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.
None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.
All latinos want other latinos to come to USA and have the numbers/political influence to get them GC's via amnesty before legal immigrants.
None of those ladies said they did not support illegal immigration, they just kept ranting about racial profiling.
more...
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suresh.emails
10-28 07:23 PM
Hi 'Internet'
I'm not like you to come with annonymous ID's (like 'internet'). My email id is suresh.emails@yahoo.com. I'm using it since ages. I have used my email id on IV forum
I have entered all my details in the forum and send the same details to IV Virginia Chapter.
In other words i'm a fully registered member with IV Virginia state chapter.
If you have red my posting clearly, I wrote, I don't bother about RED's/Green's.
I was hurt for the using bad language by an IV member on a matured immigration forum.
You responded to my post having not read it properly. This is what is called interpretation issue with the language. This is what I wanted to convey.
Why are you referring to some thing really not related 'in secure' to this post.
I'm fighting on the BAD language usage on a forum. When are participants are matured enough what to write on
Read again and again before respond to some one's posting.
You will come back with another new annonymous ID. So stop being a hypocrite. If you want to go then go. Nobody cares who you are and for that matter who anyone is in this annonymous forum.
People come and go when their question is answered or when they get a greencard. People only care about their answers or a greencard. No mature person cares about red and green dots. Only people who who are insecure and have nothing better to do in life crib about red dots. Find a better cause to fight in life dude.
I'm not like you to come with annonymous ID's (like 'internet'). My email id is suresh.emails@yahoo.com. I'm using it since ages. I have used my email id on IV forum
I have entered all my details in the forum and send the same details to IV Virginia Chapter.
In other words i'm a fully registered member with IV Virginia state chapter.
If you have red my posting clearly, I wrote, I don't bother about RED's/Green's.
I was hurt for the using bad language by an IV member on a matured immigration forum.
You responded to my post having not read it properly. This is what is called interpretation issue with the language. This is what I wanted to convey.
Why are you referring to some thing really not related 'in secure' to this post.
I'm fighting on the BAD language usage on a forum. When are participants are matured enough what to write on
Read again and again before respond to some one's posting.
You will come back with another new annonymous ID. So stop being a hypocrite. If you want to go then go. Nobody cares who you are and for that matter who anyone is in this annonymous forum.
People come and go when their question is answered or when they get a greencard. People only care about their answers or a greencard. No mature person cares about red and green dots. Only people who who are insecure and have nothing better to do in life crib about red dots. Find a better cause to fight in life dude.
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snvlgopal
01-25 06:00 PM
Sent to both President & IV and made 2 others to mail the letters
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aroranuj
04-20 07:26 PM
Can someone please shed some light if my attorney is heading in the right direction?
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Thanks,
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
JunRN
06-05 02:03 AM
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
anemmani
01-28 09:36 AM
The Telugu news channels certainly dramatize the issue and blow up the story. I sympathize with the students and their parents for the difficult time that they are facing. But, these students are not being tortured like criminals and terrorists.
I believe these students were questioned by the USCIS and released on bail. Because these students are required to give evidence against Tri-Valley, they are released on bail after questioning. They pose a risk of flight and hence they are radio tagged.
If these students were attending classes like thousands of F1 students across the country when the university was shut down, they do not have anything to worry about. They can leave the country or transfer to a different university. If they were legally working as interns in positions that are allowed by the CPT, they still have nothing to worry about.
If these students were working at gas stations and convenience stores across the country instead of attending classes, they have broken the law. They are liable for prosecution. CPT is intended to complement your education with practical training. Working at gas stations and convenience stores does not qualify for CPT. For almost all disciplines except IT & software engineering, working for software consultants on CPT is illegal.
These students bring F1 program and Indians into disrepute. Incidents like this also give ammunition to anti-immigration lobby in this country.
Nag
I believe these students were questioned by the USCIS and released on bail. Because these students are required to give evidence against Tri-Valley, they are released on bail after questioning. They pose a risk of flight and hence they are radio tagged.
If these students were attending classes like thousands of F1 students across the country when the university was shut down, they do not have anything to worry about. They can leave the country or transfer to a different university. If they were legally working as interns in positions that are allowed by the CPT, they still have nothing to worry about.
If these students were working at gas stations and convenience stores across the country instead of attending classes, they have broken the law. They are liable for prosecution. CPT is intended to complement your education with practical training. Working at gas stations and convenience stores does not qualify for CPT. For almost all disciplines except IT & software engineering, working for software consultants on CPT is illegal.
These students bring F1 program and Indians into disrepute. Incidents like this also give ammunition to anti-immigration lobby in this country.
Nag
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