tabletpc
01-10 01:23 PM
Its a gray area....!!!!!
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
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dealsnet
10-20 06:03 PM
You will not any answer for illegal matters.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.
Still looking for a knowledgeable response specifically to the questions asked.
What you did is illegal. Any H1B person can know H4 cannot work.
It is not the matter of ignorance.
Please see a lawyer.
Still looking for a knowledgeable response specifically to the questions asked.
frostrated
09-09 03:33 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
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saibaba
03-31 09:50 PM
raj,ronnie and others,,,thanx a lot guys
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roseball
02-25 12:58 PM
I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
joshraj
10-03 02:44 PM
Lets Keep Our fingers Crossed :) and PRAY :)
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bigboy007
06-21 10:49 AM
but why are you so sure your 140 will be denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected.
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
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gcisadawg
04-07 05:08 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
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sheela
08-06 12:35 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
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pointlesswait
03-28 11:51 AM
how on earth do u expect ppl to knwo how USCIS functions..:eek:
wait and watch!
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
wait and watch!
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
more...
nashim
04-07 02:35 PM
gcisadawg,
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
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deecha
07-16 01:25 PM
Hello,
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
more...
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vdlrao
10-18 11:02 AM
It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.
Thanks.
Thanks.
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mrsr
02-20 10:37 AM
Thank you very much sir, I really Appriciate your help.
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rajasaab
10-25 09:21 AM
i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.
also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.
Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!
also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.
Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!
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nixstor
02-23 04:22 PM
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
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girish989
05-11 01:26 PM
That is the response that this guy gave when the senetor asked what to do to reduce the backlogs and he is the head of USCIS ..... :(
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gc_kaavaali
11-14 04:03 PM
Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
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mharik
01-06 02:11 PM
Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
GCwaitforever
04-11 03:13 PM
Edit your profile. Then info appears in the tracker automatically.
sledge_hammer
07-16 08:33 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
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