s416504
11-04 10:57 AM
Does any one knows if I485 pending people (180Plus Days) eligible for State Unemployment Benefits?
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STAmisha
02-19 09:56 AM
I'm on H1 and My spouse is on H4 (came on H4 in Dec 2003)
We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.
Here are a few questions regd my spouse
Planning to apply for H1 in April 2007, Once H1 is approved
-Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
(remember my spouse is applying for H1 )
-How safe it is FrequENTLY travel to Canada and back
-How safe it is to stay in Canada for duration of 3-6 months and come back to USA
-Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
-stamping of H1 (first stamping for H1 in Canada) after conversion from H4
We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.
Here are a few questions regd my spouse
Planning to apply for H1 in April 2007, Once H1 is approved
-Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
(remember my spouse is applying for H1 )
-How safe it is FrequENTLY travel to Canada and back
-How safe it is to stay in Canada for duration of 3-6 months and come back to USA
-Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
-stamping of H1 (first stamping for H1 in Canada) after conversion from H4
Becks
08-03 04:47 PM
USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.
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glus
01-05 08:32 AM
NO, you cannot interfile. A Family-based priority date, cannot be used in connection with employment-based. If you are married to a U.S. Citizen, and you already have an approved I-130, you can apply to adjustment of status immediately through the U.S. Citizen. You file AOS now and it may get approved much faster than the employment-based. Once you file the new I-485 through family, you generally should withdraw the employment-based. But wait until you receive a new EAD via the new I-485.
more...
VMH_GC
07-22 12:46 PM
our ead is expiring in sep1st week. My attorney has just filed for ead renewal, am still waiting for a receipt no.
Since am working in H1 and not used EAD yet, i wont have any problem.
My wife is currently working on H1B and had plan to switch on EAD, although she has not started using the current EAD.
And her H1 is also expiring in september.
I am now afraid what will happen if her EAD doesnot get renewed before the expiry date. She may neither be able to work in H1 nor EAD.
i should have applied for ead renewal myself instead of waiting for employer to file. The process is getting delayed now.
Guys, is there any way to expedite her EAD to be approved soon?
can she continue work in h1 even if her h1 has expired until 90 days?
Since am working in H1 and not used EAD yet, i wont have any problem.
My wife is currently working on H1B and had plan to switch on EAD, although she has not started using the current EAD.
And her H1 is also expiring in september.
I am now afraid what will happen if her EAD doesnot get renewed before the expiry date. She may neither be able to work in H1 nor EAD.
i should have applied for ead renewal myself instead of waiting for employer to file. The process is getting delayed now.
Guys, is there any way to expedite her EAD to be approved soon?
can she continue work in h1 even if her h1 has expired until 90 days?
nashorn
12-15 12:50 PM
You need to make it more clear to get help.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
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akred
05-27 03:17 PM
Bumping up.
2010 Sister(s):everyone on this
moonrah
09-20 08:33 PM
Hi,
I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :
1. Can I file for FOIA even if my I-485 is not filed?
2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
3. If I am right, Can I file FOIA without Alien#?
Thanks a lot in advance and appreciate the response.
I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :
1. Can I file for FOIA even if my I-485 is not filed?
2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
3. If I am right, Can I file FOIA without Alien#?
Thanks a lot in advance and appreciate the response.
more...
LostInGCProcess
06-29 02:01 AM
Can one do Day Trading being on H1?
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kasanski33
05-03 07:15 PM
Thanks guys that helps a lot.
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arnet
09-18 10:02 PM
Disclaimer: I'm not an immigration attroney, so consult one for your situations as laws and filing procedures are changing constantly.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
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InTheMoment
08-13 10:32 AM
Admin....how about closing this thread..please.
Lets create new thread for every application received by every different person and track each of them ....
Why can't we spend some time on DC rally and do something productive then tracking who received your application..
Lets create new thread for every application received by every different person and track each of them ....
Why can't we spend some time on DC rally and do something productive then tracking who received your application..
more...
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gauravster
06-05 07:13 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
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maddipati1
05-27 01:19 PM
during the period from July 2009 to November 2009, your extension was pending and not rejected/denied by USCIS and also your sponsoring employer did not revoke the application. so, logically it should be authorized employment. you can work with the receipt itself, if nothing is decided about the application.
but, better talk to ur lawyer. since there is gray area for ignorant IO @ POE to misinterpret, better have your lawyer available on call during the time of your entry to explain to IO.
but, better talk to ur lawyer. since there is gray area for ignorant IO @ POE to misinterpret, better have your lawyer available on call during the time of your entry to explain to IO.
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days_go_by
09-16 12:27 PM
US did not invest in ou upbringing or education.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.
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niklshah
09-16 02:52 PM
no u can not work on receipt, try to call USCIs and expedite the process, go to senators office they will help u in this matter also...
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abuddyz
01-22 09:21 AM
I sent an email to VFS mumbai to clarify this and here is the reply from them...
"Kindly note that since the Company has filed an Immigration petition for you and your spouse, so in the column no 36 you need to enter yes and the company�s name."
I clarified to them that for my wife only I-485 is filed and not I-140.. still their reply was above..
I am planning to modify the form..
"Kindly note that since the Company has filed an Immigration petition for you and your spouse, so in the column no 36 you need to enter yes and the company�s name."
I clarified to them that for my wife only I-485 is filed and not I-140.. still their reply was above..
I am planning to modify the form..
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WaldenPond
08-29 10:04 PM
The lawyer should have received the receipt of I-140. It would be best to ask your lawyer a copy of the I-140 receipt for your record. Using the case number from the I-140 receipt notice you could check the status of your application online at:
https://egov.immigration.gov/cris/jsps/index.jsp
Hope this is useful.
https://egov.immigration.gov/cris/jsps/index.jsp
Hope this is useful.
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fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
oldguynewguy
12-19 12:08 AM
Thanks for the quick response.
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
wandmaker
01-14 02:58 PM
Good Afternoon:
Quick question.
I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
Any one that all ready this step pls advised.
-Do I need to fill out a Labor form again or just I-129 to USIC ???
Thanks for any info.
Your company has to obtain Labor Condition Application for H-1B & H-1B1 Non immigrants (LCA Form ETA-9035E) and File I-129 along with the supporting documents.
Quick question.
I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
Any one that all ready this step pls advised.
-Do I need to fill out a Labor form again or just I-129 to USIC ???
Thanks for any info.
Your company has to obtain Labor Condition Application for H-1B & H-1B1 Non immigrants (LCA Form ETA-9035E) and File I-129 along with the supporting documents.
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