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  • wandmaker
    10-20 04:36 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

    What did your lawyer say?

    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks

    it is up to you decide, which side of the double edged sword you want to hold onto.




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  • sparky_jones
    10-01 11:26 AM
    I found this thread on ImmigrationPortal.com forum with suggestions from "ginnu", who appears to be a well-respected, knowledgeable and trusted member on that forum. Has anyone successfully tried this approach?

    http://www.immigrationportal.com/showthread.php?t=263279




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  • easygoer
    02-10 06:09 PM
    Someone can shed light why these numbers would disappear before march and would not get rolled over to EB3 and EB2? What are the provisions?




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  • busy
    03-08 09:49 PM
    By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.



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  • saji007
    05-02 02:50 PM
    1. New employer while filing for H1 Transfer will get 3 year
    2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485




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  • indianabacklog
    08-06 08:22 AM
    oh sorry it was approved on october 2003 not 2002.
    In which case you had until October 2004 to apply for permanent residency. i.e. one year from approval of the I140.



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  • royus77
    07-01 03:23 PM
    Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.


    Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:




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  • RajForGC
    02-10 02:46 PM
    I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
    Thanks



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  • Green06
    10-15 11:35 AM
    DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.




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  • greencard_fever
    08-19 06:31 PM
    I have the copy from Murthy.com [they still have it on]....

    send me ur copy to : 509 355 3413

    Thanks,

    Here is the link for that document..
    http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf



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  • SFSweta
    08-27 01:40 PM
    You may! Because your priority date is based on your PERM/Labor...and that still holds valid.




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  • SeanDell
    05-29 05:26 PM
    Thanks for your reply Morchu. I want to have some further clarification here:

    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?

    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
    How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?


    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.



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  • txh1b
    04-15 08:44 PM
    Too bad. Sometimes you end up misplacing some document and you overturn the entire house to find them in an unexpected location. Start looking for it from every location in the house and you may find it unexpectedly.

    Also, I did leave a copy of atleast my first I-20 at home before I flew to US and I bet my dad would still have it if I needed it. Try to see if you did something similar. Only drawback is it does not have the entry stamp as the copy was made before I entered US in my case.

    After this happened to my friend, I decided to scan all documents and store it online to avoid damage from the natural elements.

    To me, it does sound like your attorney definitely has the copy but they are just lazy to look for it or dig into it.




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  • njdude26
    07-02 08:34 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.



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  • asanghi
    03-23 02:37 PM
    I live in South Bay. Please let me know how can I help?

    THanks




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  • DSLStart
    03-09 11:54 AM
    where is your brother now? In US or India? Did he appear for interview as well with his wife? If he is in US how can the HYD consulate ask him for 2nd interview?

    new developement is that HYD consulate called him for rare second interview,atleast that the email says
    any idea what to expect,it seems that they want stamp visa cancelled
    should we expect any different



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  • nareshg
    12-16 06:17 PM
    They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..

    Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...

    Will try to ask my question again...

    I am not worried about when my FP expires and things on those lines....
    my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...

    Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following

    Biometrics Processing Stamp
    ASC Side Code: __________XTE
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)


    Thanks Gurus !!




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  • AK_GC
    07-22 02:42 PM
    Or can we work on EAD and let the H1B lapse. The employer is the same. Thanks for the information!




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  • robert5156
    07-26 11:56 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.




    ivgclive
    10-29 01:53 PM
    Because,

    You have been threatened
    You have been fired
    You have been unemployed...
    ...You want to try something against them. But what are we trying to prove?

    Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.

    If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.

    If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.

    In few days, the urge will go away.

    You will realise that your new job is much better than the one you left. Just enjoy.

    You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.

    Good luck with your new job.

    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.




    Ramba
    08-07 08:31 PM
    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?

    ---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.

    In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    ---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.


    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

    ---