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fromnaija

02-26 01:10 PM

The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.

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acharaniya

02-25 05:12 PM

Hi,

A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?

Thanks.

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logiclife

03-02 06:07 PM

Go here and follow the steps and talk to lawmakers.

http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36

Its under Volunteer under a document : Resources for "Meet the lawmaker".

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sparky_jones

06-02 05:09 PM

The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.

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InTheMoment

01-17 11:50 AM

It has no effect on a future Citizenship application. Remember it is a payment against unemployment insurance which is paid by your previous employer/s.
As such it is not a burden on the state.


Does anyone know if claiming unemployment benefits after layoff have any possible impact on a future citizenship application?

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pnjbindia

07-08 07:09 PM

are you guys saying that the "costs" for the medical exams can be reimbursed by our insurance companies? I did not know that... In case that is true, I will submit mine for reimbursement...
thanks for the info..

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itkris

12-10 04:29 PM

Thanks a bunch for your response. I'm not planning on getting my GC. - will be leaving this country when my H1 term ends. my passport is expiring and i would really like a renewed passport with a valid correct name - just dont want to keep making mistakes over and over again. How difficult is it getting an I-797 after changing the name on the passport. should i file the "action on a petition (I-824?)" or amendment to H1?

Thanks in advance for your advice.

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eastindia

05-07 02:55 PM

What do you mean by reputation?

Having a good website or a forum does not mean the lawyer is reputed. Even small lawyers can be good and can pay more attention to a case. Some lawyers do not know marketing and do not have good website, but they maybe good in law.

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boreal

08-18 03:52 PM

Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.

Yep, these associations have alumni on their mailing list too and thats how we can reach ppl stuck with retrogression. I know coz that association at my school, MSU maintains such a list too...

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leo_loco

06-28 02:42 PM

Hi:

I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

If yes, then how does it work? I mean is it possible at all?

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perm2gc

04-20 10:15 AM

Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.

Not sure if anyone here has done the extension of H4 after using EAD.


Cronin memo:

Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

Appreciate any comments reg. this,

There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.

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andy garcia

05-05 11:05 AM

eb2waiter,

senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question...

better pray for the CIR to be passed first.
then get a comfortable chair and wait for the 20+ millions illegals to get ahead of you in the queue

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raysaikat

12-25 04:01 AM

Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).


I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?

Yes, that's how a spouse would submit I-485 petition.

If yes, would she continue in F1 status (or what will her status be?).

Her F-1 status will no longer be valid; she will be in the so-called "AOS".


Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC

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rajmalhotra

02-09 10:56 AM

Here's the site: http://www.myvisajobs.com/H1BVisa/Default.htm

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RNGC

02-09 05:23 PM

Hello NC-ians,

I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?


Please share your experience.

Thanks,

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coolfun

07-26 12:42 PM

Hi,

I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?

Thanks.

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natan

09-10 12:32 AM

Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.

Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.

Regards
Natan

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sachya

08-13 08:31 PM

I am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,

1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
5. After asking for my passport back will it affect the renewal of my travel document (AP)?

Thanks a lot!

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[uber]

04-09 05:26 AM

i see em... but i'm having trouble with DNS for some stupid reason...

here's the upload

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reddymjm

11-12 09:21 AM

You can use standard 2" X 2" or You can make Indian size one on http://epassportphoto.com/ for 20 cents.

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gcpower1

02-09 06:31 PM

Everyone know about the problem insted of sloving PROBLEM (slavery) they will chase the H1-Visa people to the work place like they are thieves.

Why they are not chaseing the illegal people ?

They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.

Everyone knows they but no one wants to admit.

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