fcres
06-27 02:30 PM
My spouse had one A# with his OPT and another one when the I140 was approved.
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Michael chertoff
08-19 10:16 AM
Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
vamsi_poondla
09-05 09:36 PM
we should all attend. Failure is not an option...there is no better time than Sept 18th
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hopelessGC
05-04 11:40 AM
i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.
AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.
my experience with AR-11 was good. but make sure to complete the second step for pending applications.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
more...
Anders �stberg
May 3rd, 2005, 05:29 AM
Nice work Anders. Personally, I pan for the stuff on the ground and leave the in air stuff static.That's probably a good approach, panning should be eaiser in the slower corners too.
GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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July 26th, 2005, 04:20 PM
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delhirocks
07-22 02:06 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
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kart2007
10-24 06:36 PM
finally status for EAD and AP changed to " documents mailed".
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
Good luck
But was your AP/EAD in Pending status or Approved status when you emailed the Ombdusman?
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
Good luck
But was your AP/EAD in Pending status or Approved status when you emailed the Ombdusman?
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ufo2002
09-11 04:48 PM
The BPCs fall under USCIS control? I didn't know that, thought all Labor-stage processing belongs exclusive under DOL.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
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singhsa3
03-11 02:16 PM
I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
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sukhwinderd
08-22 02:54 PM
http://www.immigrationportal.com/archive/index.php/t-135211.html
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
more...
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irrational
04-04 03:59 PM
Use the key combo above and try calling and verifying your address with the IO.
They might be able to change it directly on file.
-----
How did you know that your FP notices were sent back ?
They might be able to change it directly on file.
-----
How did you know that your FP notices were sent back ?
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sbmallik
06-09 03:33 PM
You can try in Canada / Mexico / Bahamas.
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rajeshalex
07-09 09:48 AM
1. check if ur H1 sal =Sal Received (considering 8k)
If sal received - 8K > H1 Sal , then its difficult for you to claim unless he has given you some hike
2 Does any of the pay checks mention any advance ?
3 If you have to return 8k, you can ask him to reduce the tax which u have paid which will be 30% So you might return 5.5K
Rajesh
If sal received - 8K > H1 Sal , then its difficult for you to claim unless he has given you some hike
2 Does any of the pay checks mention any advance ?
3 If you have to return 8k, you can ask him to reduce the tax which u have paid which will be 30% So you might return 5.5K
Rajesh
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edaltsis
04-23 11:55 AM
Oflate there are quite a few incidents that USCIS has issued RFE's for change of address. I read them on IV Forums and my cousin/ few friends whom I know got RFE's for change of address reason. They send an RFE asking if anything has changed in the employment status (if so it means you need to file AC21) or prove your current employment. Some cases I heard got 485 denials without sending a RFE...this will make one to run on their toes for no reason.
It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.
It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.
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bearstory
04-26 09:10 PM
Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?
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sidbee
06-10 01:47 PM
Sidbee,
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
You took me wrong.
I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.
I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.
thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.
I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.
Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).
You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.
I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.
J thomas
You took me wrong.
I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
I was giving my point of view.
And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.
I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.
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desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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Ramba
07-29 07:15 PM
Ahem.. ? :confused:
Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.
Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.
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