ameryki
02-13 06:30 AM
CBP at the airport mistakenly thought your wife was a permanent resident, instead of still having a pending 485. She should not this on the I-131 when applying for a new AP.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
I appreciate the input above. I am getting ready to apply for her AP now held off for all these months. The change between then and now is she has gained an extension for H4 status for the next 3 years. With this change will her class of admission on AP application be H4-B or something else? If something else then will it be LPR or AP in the Class of Admission field on the form? She does not have a valid H4 visa just an extension of H4 for 3 more years based on my H1 extension and has not left the country since the last time when the CBP mistakenly assumed that she is a resident. Your help will be appreciated.
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amitga
01-25 11:17 AM
Govt of India will do nothing to stop harrassment of NRIs at Indian Airport (customs) and we are thinking that they will do something here.
st4rguitar
04-14 08:44 PM
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
No problem, good luck!
No problem, good luck!
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immi_enthu
08-13 10:08 AM
THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.
My employer received the courtesy copy today.:)
My employer received the courtesy copy today.:)
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morchu
05-04 04:37 PM
That I agree.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
gcisadawg
06-25 11:05 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
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alterego
06-19 12:33 PM
Yes but it is given at the service center where the case is pending. This was a change instituted last year Sept. or thereabouts.
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whiteStallion
07-30 01:51 AM
Very nice post...thanks a lot !
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RadioactveChimp
04-17 01:22 PM
there you go! I really like that one! :A+:
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billu
05-03 07:11 AM
You can write a balance-transfer-cheque to your own name (which you can deposit to your checkings account) of amount upto your credit limit on that credit card.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.
thanks a lot. that seems like a good idea. My CL is 10k on one CC and 12k on the other one but I will call my bank and request a raise and then do a balance transfer of as much as I can get.
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dhesha
04-18 06:32 PM
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
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factoryman
06-19 02:27 PM
don't delay or filing. your treatment is a protocol or SOP. you should be fine
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
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chantu
02-19 01:54 PM
Anybody?
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
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usgc07
02-15 08:27 AM
:confused:
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
more...
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raamskl
08-15 09:32 PM
Travel on AP and work on H1B? Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?
Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.
But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.
Cheers.
Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.
But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.
Cheers.
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Leo07
06-15 10:53 AM
Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.
H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.
H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...
Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.
Best of Luck!
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.
H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.
H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...
Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.
Best of Luck!
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
more...
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tictac
09-09 03:13 PM
wow ! this is a strong case, after 6 month is over, you can easily file lawsuit on him, consequences can be real harsh on him, he can barred from filing any more h1s, greencard, maylose business license and thousand of dollars for stress and blackmailing ! hey speak to your lawyer after AC21 kicks in !
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
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bpratap
08-18 04:33 PM
I don't think Address change (AR 11) will invoke any RFE.
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
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wandmaker
10-23 05:46 PM
From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.
If you can post the legal references to support your point, it will really help many IVans.
Sooria
10-28 01:16 PM
Guys
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
Marphad
02-12 10:51 AM
I support this fully. Where is all time Gandhigiri supporter "ItIsNotFunny"?
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