locomotive36
11-15 09:44 AM
With only 3 days to go for voting, lets do our best to ensure that Narayanan Krishnan wins.
Please take a minute to vote and vote many times as possible. Please share with family and friends!
Thankyou and God Bless!
Please take a minute to vote and vote many times as possible. Please share with family and friends!
Thankyou and God Bless!
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gultie2k
07-06 02:08 PM
Is is possible to file for a new H1 once you start using EAD/pending 485? My lawyer says there might be a problem...awaiting more details.
glus
09-24 09:11 AM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
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newlife2
09-19 10:17 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
more...
jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
mariner5555
02-08 09:05 AM
my first EAD expires on aug 16 2008. should I file for new one 180 days before or is it 120 before expiry.
is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !
is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !
more...
whitecollarslave
08-31 11:34 AM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
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xbeartai
07-11 05:22 PM
I am not live in San Jose
But I have one idea of coming event. If we can make some Balloon and give it to chridlen during the even and wrote somehing on the ballon will be helpful.
Plus, I had saw that some real estate company use the super biggest ballon on sky to show their company adverstiment.
USCIS transfer our flowers to hositpal is a good training program for us to learn how to get the public attention. We need some Marketing major guys to give us more fresh idea to attrach Public attention.
I can not go , but if you guy need. I can controbute the money. And I think most of people cannot go will contribute the money or make the orders for the Balloon.
Thanks
But I have one idea of coming event. If we can make some Balloon and give it to chridlen during the even and wrote somehing on the ballon will be helpful.
Plus, I had saw that some real estate company use the super biggest ballon on sky to show their company adverstiment.
USCIS transfer our flowers to hositpal is a good training program for us to learn how to get the public attention. We need some Marketing major guys to give us more fresh idea to attrach Public attention.
I can not go , but if you guy need. I can controbute the money. And I think most of people cannot go will contribute the money or make the orders for the Balloon.
Thanks
more...
joelly
04-05 03:49 PM
I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
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shx
10-17 12:10 PM
I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.
more...
pd052009
09-13 02:29 PM
1.Once the I-140 is approved, the PD is associated with you. If your new employer files new PERM and I-140, you can port your PD(no matter what your employer does with ur I-140).
2. If you port PD to same EB category, you won't save any time. Time saving mostly depend on EB category.
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
2. If you port PD to same EB category, you won't save any time. Time saving mostly depend on EB category.
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
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akhilmahajan
04-30 12:27 PM
Your case got approved pretty fast........
I just wanted to make sure it was not filed premium.........
Thanks.
I just wanted to make sure it was not filed premium.........
Thanks.
more...
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nfinity
07-17 11:08 AM
I have jumped on this a couple times.
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rb_248
02-08 07:11 AM
I am travelling Delta JFK - Bombay direct flight next week. No worries about transit. Actually I am more worried about delays and missing connecting flight in Europe.
I think Continental flies direct to New Delhi from U.S. (not sure from Chicago or New York).
I think Continental flies direct to New Delhi from U.S. (not sure from Chicago or New York).
more...
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ravi2patel
07-24 02:38 PM
ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
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nayekal
02-20 06:17 PM
Hi
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
more...
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indyanguy
01-14 11:07 AM
This is the format of the letter I had submitted initially. Can someone tell me what is wrong in this?
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
----
To Whom It May Concern
I am writing this letter to confirm that XX was employed full time
(40 hours/week) with XX, located at XX from XX through XX as a Programmer/Analyst.
His job duties included developing web based software systems. In this
position, Mr. XX used the following technologies: ASP.NET/C#,
SQL/SQL Server, HTML, XML, JavaScript, CSS and Web Services.
If you have any questions, please do not hesitate to contact me.
Thanks,
XX
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reddog
06-25 01:09 PM
Me and my group of friends have used this method and the photos look better than the Walgreen/CVS ones. And they are already on US passports/other stuff.
http://www.dpchallenge.com/tutorial.php?TUTORIAL_ID=22 Photoshop/GIMP required.
Another cheap place is Sams Club, if you dont have a digital camera(pun intended) they give 3 photos for 5 bucks.
http://www.dpchallenge.com/tutorial.php?TUTORIAL_ID=22 Photoshop/GIMP required.
Another cheap place is Sams Club, if you dont have a digital camera(pun intended) they give 3 photos for 5 bucks.
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unseenguy
06-09 12:53 PM
When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.
If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.
One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.
J thomas
I entered on H1 visa this year. Me and my wife both arrived at the airport, I told the officer, my wife has AP and I have H1 visa. To which he said, where is your AP. I said, I have it but I prefer to use H1. Is it possible? He said thats fine. Your choice.
felix31
06-05 03:16 PM
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
Pappu,
I guess the uprooting thing depends on many other issues....
E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.
However the retro thing is ruining everything (just like so many others here - we are not an exception).
In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
Will that help me? No, sir!
We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).
So, in our case - moving to Canada is much like moving to another State...
Not a big deal...It certainly will not be the first time to rent U-haul. :)
What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.
It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..
I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.
Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
If one spouse suffers and is not happy, how can the other be content?
He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.
I would LOVE to work, BUT - as H4 - I can only dream about that.
Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.
Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.
In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.
boston_gc
01-20 09:29 PM
My I-797 approval notice was received several months ago. Does that reduce the possibility of security delays? Also, is there a way to take proactive steps to make sure PIMS is cleared before visa interview date?
