nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
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gcseeker28
07-27 04:24 PM
That was a huge sigh of relief. Thanks and I really appreciate your answers.
Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.
Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.
superdude
08-15 02:04 PM
eeeee thats painful. Happend so many times. It is like Lotto but at the end we say Samay se pehle or Bhagya se adhik kuch nahi milta (before time and more than your destiny you don't get anything)
Please refrain from using non english languages in the forums
Please refrain from using non english languages in the forums
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HereIComeGC
12-12 04:07 PM
lol..this is funny.. are you planning to issue another bulletin from your side based on the input at IV.. chill dude.. the bulletin issue science is really some rocket science, it defies all the fundamentals of mathematics and gravity...actually its more like 6-flag ride..rush of adrenalin..swaying on both sides..oh god its making me so dizzy....
:(
Where do you get an indication prediction of another bulletin from my side from a simple question such as this? Jan 2000 is way back. It would be interesting to know how many people are still waiting from way back in 2000 in EB2 category which has traditionally been faster approvals then EB3.
:(
Where do you get an indication prediction of another bulletin from my side from a simple question such as this? Jan 2000 is way back. It would be interesting to know how many people are still waiting from way back in 2000 in EB2 category which has traditionally been faster approvals then EB3.
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pratikgr
08-10 08:00 AM
how about applying for a tourist visa for that time period?
Can we apply for tourist visa from US?
I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.
One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.
Can we apply for tourist visa from US?
I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.
One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.
optimist
09-28 09:02 PM
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
If you have any experience doing this, please do share it here.
Thank you.
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naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
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Munna Bhai
01-07 11:23 AM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
Yes,but it has no effect on your GC.
thanks for your replies.
Yes,but it has no effect on your GC.
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Berkeleybee
03-02 05:48 PM
For everyone who wants to get something going -- i.e. come up with an idea, a strategy to execute and then deliver, please get in touch with the relevant task team leader. Understand that all of them are PROFOUNDLY busy, so gather your thoughts and work out at least some details of your idea before you get in touch with them.
For Membership: Jay at jay@immigrationvoice.org
For Media: Sunil at sunil@immigrationvoice.org
For Content: Sandeep, sandeep@immigrationvoice.org
For Liaison: Aman aman@immigrationvoice.org and Shilpa shilpa@immigrationvoice.org
For Meet the Lawmakers - anurag@immigrationvoice.org and pratik@immigrationvoice.org
Hope I'm not missing anyone -- core, please fill this in if I've got it wrong.
Thanks,
Berkeleybee
For Membership: Jay at jay@immigrationvoice.org
For Media: Sunil at sunil@immigrationvoice.org
For Content: Sandeep, sandeep@immigrationvoice.org
For Liaison: Aman aman@immigrationvoice.org and Shilpa shilpa@immigrationvoice.org
For Meet the Lawmakers - anurag@immigrationvoice.org and pratik@immigrationvoice.org
Hope I'm not missing anyone -- core, please fill this in if I've got it wrong.
Thanks,
Berkeleybee
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diptam
07-27 10:12 AM
Vikram Man,
You are awesome - Thanks for your help..
Diptam
You are awesome - Thanks for your help..
Diptam
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miguy
12-20 02:52 PM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
please help
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forgerator
09-05 05:18 PM
EB3 India se pehle EB3 ROW ka number aye ga ... maybe even before EB2 I :D
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dotsndots
05-06 02:55 AM
Folks,
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
Just get ready for an in person interview at local office.
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
Just get ready for an in person interview at local office.
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sats123
11-04 12:29 AM
Last year even I did not get my AP though it was approved. It was lost in mail. I had called USCIS several times and tried to request a duplicate copy. They said they cannot do it. I had sent letters to senator, senator's office sent letter to USCIS and nothing worked. what a PIA, $305 for no reason.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
more...
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franklin
06-19 05:05 PM
Start worrying about LC approval notice and start working about AOS.
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
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Pria
01-10 09:49 AM
Thanks for the information. As suggested, I sent two PP size photos along with the docs.
Pria
Pria
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GCwaitforever
07-28 09:10 AM
i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
what options do i have ?
Very sorry to hear about the job loss. I believe USCIS gives about 60 days for H-1B applicants. Please try hard to get another job within this time and apply for H-1B to stay with correct status. Without approved I-140, your earlier LC can not be used for porting old priority date.
what options do i have ?
Very sorry to hear about the job loss. I believe USCIS gives about 60 days for H-1B applicants. Please try hard to get another job within this time and apply for H-1B to stay with correct status. Without approved I-140, your earlier LC can not be used for porting old priority date.
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Be_Pragmatic
07-23 05:35 PM
It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
OK, thanks much for your suggestion. I'll consult my attorney before plunging in.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
OK, thanks much for your suggestion. I'll consult my attorney before plunging in.
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eb3_nepa
06-15 10:49 PM
Dude i think you have WAYYYY overestimated the processing times!!
vinzak
04-13 06:53 PM
i remember someone posting right here in IV that they got their GC when PD was not current. USCIS later asked for the GC back cuz it was given in error.:) To make things worse the poor guy obviously didnt renew his EAD and couldnt work.
So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
geniousatwork
03-31 12:16 PM
Congratulations...