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  • jayleno
    12-02 05:44 PM
    For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
    I have a question..
    Applying labor before 365 days of H1 expiry is enough
    or
    Approval of labor before 365 days of H1 expiry is required
    for getting extension of 1 year on H1 visa ?




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  • meridiani.planum
    02-01 05:23 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

    yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

    There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

    Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...




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  • gc_on_demand
    04-06 10:34 AM
    Could elaborate why you say this is about I140? I couldnt derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I dont think there will be any action, period.
    The whole thing is written as if June 2007 happened by mistake, I dont buy that.

    If publisher understand meaning of Petition vs Application then I 140 is petition which can be approved or denied and doesnot need adjuction. While I 485 is a visa application by individual which can be adjucted if visas are available and petition has been approved.

    But here they are talking both words in same sentence. It could be they approved 75k I 140 and adjucted those many 485s. and their goal to have only 55k I 140 on hand.

    Still they can approve 65k I 485 from pending backlog. ( 75 + 65 = 140k ). So my understanding is from previous backlog they approved 75k I 140 + I 485. Still 65k visas are left . if these many visas are left then I dont think dates for Eb2 india will go near to 2005.




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  • BornToWin
    02-23 07:03 PM
    How please?



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  • chinna2003
    03-12 01:14 AM
    but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

    Who do i complain to in this case?


    Buddy,

    Are you the same person as the one who posted this? Has someone hijacked your id or your brain?

    http://immigrationvoice.org/forum/showthread.php?p=129163#post129163




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  • sroyc
    08-03 12:21 PM
    I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?

    Guys,

    From what i gathered, It seems these 2 things could effect your processing apart from PD....

    Both can be done, if you take a infopass at your local office....

    1) I-485 fingerprints
    2) A# Mismatch on i-485 receipt, i- 140 approval notice

    For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
    A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
    In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO

    Others RD, ND, namecheck which we have no control of even though you did everything right.



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  • srarao
    07-21 09:20 PM
    Hi all,
    In this forums only I saw some guys getting RFE's that is why I opened in this thread.




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  • masterji
    10-14 05:40 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.



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  • YesGC_NoGC
    06-19 07:31 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.




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  • sury
    11-17 03:59 PM
    This turned out to be FP notice.

    I moved to new place before I have recieved FP notice. My Attorney sent their copy and I finished FP.

    The FP notice copy which I recieved earlier at my old address is returned to USCIS and they have re-sent it to my new address......which is nothing but updated as "Document mailed to Applicant" online in USCIS website



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  • amitjoey
    07-13 05:24 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D




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  • voldemar
    03-26 10:10 PM
    Hi,

    Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?

    Thanks,
    AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.

    P.S. I'm not a lawyer ;)



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  • a_paul1
    03-30 01:48 PM
    If no, you deserve this and rot in hell.

    How in the world did you get so many greens??

    You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.

    Contributing to IV is not the only possible contribution that a person may make to this world.




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  • ahaadi
    01-08 01:46 PM
    You can get the passport the same day using tatkaal service but you need to spend the whole day in consulate or you can get it in 3 days.

    I got it from NY consulate. Also tatkaal service charges 140 bucks and regular one is 40 bucks.

    I got it in a week, I got it from SF Consulate.



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  • smuggymba
    01-17 03:31 PM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.


    Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.




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  • desi3933
    07-20 04:53 PM
    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)

    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.



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  • kondur_007
    09-22 09:48 AM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?

    Your question is very short, but this is what I understand you are asking:
    If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.

    As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:

    1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.

    2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).

    Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.

    Good Luck.




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  • guygeek007
    07-24 03:27 PM
    I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

    Suggestions and advice would be appreciated.


    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • ramus
    04-27 04:51 PM
    Fond this..
    http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007

    Is this CIR in sanate?




    anindya1234
    06-01 02:27 PM
    You guys might want to check out my online petition:

    http://www.petitiononline.com/legalimm/petition.html




    spulapa
    02-02 12:26 PM
    Congratulations maine_gc...!!!

    Have fun...!!



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