patiently_waiting
01-14 04:10 PM
This may be useful for guys to do stamping in Tijuana :-
Tijuana Trip (http://tijuanatrip.blogspot.com/)
Tijuana Trip (http://tijuanatrip.blogspot.com/)
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Rinsha
03-19 08:55 AM
Good observation, although I totally support this clause to oppose automatic citizenship.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
sundar99
05-01 01:33 PM
I thought even though you are a Indian Citizen, if you are already working in US, you can go to the Canada and apply from US Embassy in Vancouver or in Toronto. The wait times are really short, you can get an appoinment in less than 2 weeks.
1. It could be a H1 extension revalidation
2. H4 to h1 Visa stamping.
I have heard folks do it before. I have not done it myself, so cannot vouch for it though.
THis may be a cheaper alternative than going to India.
1. It could be a H1 extension revalidation
2. H4 to h1 Visa stamping.
I have heard folks do it before. I have not done it myself, so cannot vouch for it though.
THis may be a cheaper alternative than going to India.
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newbie2020
03-21 06:07 AM
When we had our baby, There was lot of insistence from parents to have the baby born in India. Me and my wife had a discussion and we decided it is best interest of the baby to be born in US. We didn't want him to go through the same pain of H1,H4, EAD, GC etc and opted to have him born in US. Yes i know it is little tough since you need your parents to come and stay for few months once baby is born But i would advise go for having your baby born in US than in India. We always thought this was one of best gifts we were giving to our baby when he was born.
As far as your case is concerned being on EAD will not help if baby is born in India. You will either need to change your status to H1 and get baby on H4 and subsequently EAD or be prepared to have the baby grow in India until your priority dates become current. So choice is yours.
As far as your case is concerned being on EAD will not help if baby is born in India. You will either need to change your status to H1 and get baby on H4 and subsequently EAD or be prepared to have the baby grow in India until your priority dates become current. So choice is yours.
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chi_shark
07-16 10:55 AM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
willIWill, can you please post the exact wording on your RFE regarding that point?
Hi Friends,
I received an RFE last week. There were 3 points in the RFE.
The first point in the RFE says,
Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.
Second Point and Third point are respectively
Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)
Employment verification letter stating the offer still stands as per EB visa petition.
A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.
My question is concerning the first point.
Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?
Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?
Appreciate your suggestions
Thanks in advance.
abhijitp
06-21 09:07 AM
Thanks Raj. No, I do qualify for EB-2 so I would not want to apply under EB-3, but I just don't know if the attorneys filed everything (e.g progressive experience letters) appropriately, if not, what happens? Hopefully an RFE.
If it instead got rejected, so would the I-1485 (AOS) application that depends on it right?
If it instead got rejected, so would the I-1485 (AOS) application that depends on it right?
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gcisadawg
11-14 04:14 PM
Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
As far as I know, IT department of most companies are cutting down on IT resources and trying to either outsource or have captive centers in low cost destinations. Given that trend, I doubt if more permanent openings are available.
However, I see a spike in "Programm manager" type job where an on-shore person manages a team of off-shore developers sitting in countries like India.
What say?
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
As far as I know, IT department of most companies are cutting down on IT resources and trying to either outsource or have captive centers in low cost destinations. Given that trend, I doubt if more permanent openings are available.
However, I see a spike in "Programm manager" type job where an on-shore person manages a team of off-shore developers sitting in countries like India.
What say?
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hebbar77
06-23 02:37 PM
White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
I thought this was obvious!
I thought this was obvious!
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la_guy
01-29 03:22 PM
does he have the source of this rumour? does vdlrao knows anything about this?
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sixburgh
08-13 06:05 PM
I saw some information somewhere, but don't have the link right away to post here.
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
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mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
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psaxena
02-04 07:24 PM
Hi All,
I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.
Please find below the link for the evite.
http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6
Before entering the details please make sure in the "Reply Here" box to click on
"NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.
Lets make this event successful. Small steps to our successful future.
All the best.
I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.
Please find below the link for the evite.
http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6
Before entering the details please make sure in the "Reply Here" box to click on
"NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.
Lets make this event successful. Small steps to our successful future.
All the best.
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simmy78
08-10 02:13 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
Thanks.
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Waitingnvain
07-31 09:04 PM
H visa by nature is dual intent. One does not lose it after getting EAD.
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Pria
01-06 04:25 PM
Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
Best,
Pria
Best,
Pria
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InTheMoment
06-16 04:59 PM
See below
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !
While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
No, that won't happen as H1B is dual status and she can start working on H1B from Oct 1.
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
That is not possible, once an EAD is used to work falling back on the H1B means going thro' the H1B application process once again since the original H1B is violated.. but more importantly ....USCIS considers this as abandoning your I-485 !
While H1B to EAD means only updating the I-9 the reverse is not easy for reasons abovementioned ;)
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
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santb1975
07-09 11:22 AM
IV is all of us in here. If we want an issue of ours to be resolved we need to take the lead and be willing to do the Ground work and be consistent with what we are trying to accomplish. Core members are always available to provide guidance
CP Filed at Mumbai Embassy - India
PD: Oct 2003
I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.
CP Filed at Mumbai Embassy - India
PD: Oct 2003
I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.
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wandmaker
02-11 08:01 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
IV and its members support only legal immigration. You violated the law by overstaying your visa, dont seek help/advise here, consult with your attorney.
My question to you .. my lottery case priority date can be use for my eb3 case?
IV and its members support only legal immigration. You violated the law by overstaying your visa, dont seek help/advise here, consult with your attorney.
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ak27
06-17 02:59 PM
I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
wandmaker
04-03 06:59 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
gsc999
01-19 12:48 AM
Thanks to the members for volunteering. We have a decent number of people to put this event in place now.
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