pd052009
09-13 02:55 PM
I think your postings in EB3-EB2 discussions made you infamous.
cbpds
04-01 03:22 PM
hi,
It happened to me when my wife' s and my expiry dates were different.
Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.
Thanks
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
It happened to me when my wife' s and my expiry dates were different.
Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.
Thanks
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
chanduv23
11-20 12:19 PM
Bump
raysaikat
09-05 05:00 PM
What is the reason your university cited for their position that you might be violating J status? Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status. On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
more...
redgreen
07-15 10:31 AM
It is clearly written in the instruction of I-765 that :
"Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"
Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!
Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.
Many lawyers don't know anything other than making money.
"Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"
Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!
Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.
Many lawyers don't know anything other than making money.
jsb
02-04 03:37 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
more...
jlt007us
09-14 01:20 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
xgoogle
06-23 09:08 AM
I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
more...
Gigantic697
10-12 09:33 PM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
Lisap
08-03 12:27 PM
What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?
more...
amitjoey
03-17 12:26 PM
Ask your lawyer. I agree, be proactive and if there is a way you can send the results and file it with your case, do it. Any case medicals are valid for 12-18 months, so if an RFE comes, You can send them same ones again. Again, not sure if you can do this, ask your lawyer.
EkAurAaya
07-17 12:09 AM
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
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setpit_gc
08-13 04:15 PM
643 people viewed this so far but only 2 responded.
Please I need more views before I make decision
Please I need more views before I make decision
smisachu
09-12 05:00 PM
This is getting hilarious! Billa, Ranga...Whoz next? Rowdy Ranganna?:D
Come to DC or we will send "Churi Chikkanna" after you...LOL
Come to DC or we will send "Churi Chikkanna" after you...LOL
more...
dagrawal
02-11 08:26 PM
I had mixed experience with Chugh firm. Some of their senior staff are knowledgeable, however others doing regular paper work are new and inexperienced. I had to review the H1B petition they prepared, and found more than 10 corrections. Though they had processed my original H1B, during extension filing they miss typed several small things like SSN, Company name (in spite of having all the information on records from original information).
Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.
Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.
GCcomesoon
09-26 12:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
more...
indyanguy
09-09 12:42 PM
I Where did you find this information about limiting EB2 to managers only?
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
tigerlibra
09-30 09:30 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
Kodi
08-28 06:50 PM
Received 2 yr EAD, I-140 pending as of 4/18/08
vin13
10-29 11:11 AM
Thanks everybody for the responses.
Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.
Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.
vallabhu
09-10 10:04 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application