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at0474
01-09 02:30 PM
My guess:
No change in EB2 dates for India. Slight forward movement for EB3.
No change in EB2 dates for India. Slight forward movement for EB3.
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redcard
08-23 11:29 AM
I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
digital2k
08-06 12:44 PM
*
2011 Selena Gomez Rocks Houston
eb3_nepa
11-10 12:27 AM
And shat exactly is the point of this discussion again? More ranting?
You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.
The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.
We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.
About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.
You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.
The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.
We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.
About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.
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GCplease
08-16 02:05 PM
Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
It depends on the Company and the Attorney.
Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)
Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.
Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.
I had to pay the filing fees and legal fees for my wife and kid.
As I said previously, it depends on whether we are woking for a good financially strong company or not.
Hope this helps.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
It depends on the Company and the Attorney.
Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)
Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.
Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.
I had to pay the filing fees and legal fees for my wife and kid.
As I said previously, it depends on whether we are woking for a good financially strong company or not.
Hope this helps.
yak2121
03-25 12:36 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
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21stIcon
09-23 04:41 AM
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments
He has never shared his opinion or thoughts about economy or housing, simply wants to buy a house. we need people like him to move housing inventory and spend most of his monthly income on housing payments
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gcnirvana
10-25 05:31 PM
Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
Go figure...:confused:
Go figure...:confused:
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sgorla
02-23 04:25 PM
NV does not allow in-state
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
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petersebastian
03-31 05:49 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).
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glus
10-19 08:18 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
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anandrajesh
08-15 11:55 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Welcome to the Weird World of USCIS where there are no rules to be followed.
Welcome to the Weird World of USCIS where there are no rules to be followed.
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lost_in_migration
05-15 12:08 PM
I absolutely agree. A good legislation is the only solution. Let us hope that more ppl have that far-sightedness and keep visiting and contributing to IV.
PD current does not gaurentee any thing...
May be people who are short sighted may stop visiting.
But people who are seeing the whole picture would
definitley visit here and contribute to IV.
good luck
babu
PD current does not gaurentee any thing...
May be people who are short sighted may stop visiting.
But people who are seeing the whole picture would
definitley visit here and contribute to IV.
good luck
babu
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vamsi_poondla
01-18 02:39 PM
All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.
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GCBALAK
03-18 12:57 AM
I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
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krithi
03-11 02:48 PM
u need nothing, AP and Passport are enough
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gparr
April 3rd, 2005, 08:50 PM
Here's a link with steps for how to blend two images. You have to use a tripod and take them one after the other. Waiting until later would not have worked as the cloud formation would change. It's two exposures, one for the ground/dark part of the image and one for the sky. Try it by going out one evening and taking shots of a sunset and using one of the techniques in the link. One thing I learned at a Photoshop seminar I attended this week is not to merge the layers but under the Layers menu, choose Merge visible. Merging layers causes color loss/deterioration.
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satyasaich
07-20 06:43 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
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WillIBLucky
11-17 01:56 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
pak
07-27 03:01 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
s416504
10-11 03:47 PM
I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
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