sixburgh
08-04 09:10 AM
The following has been extracted from H1-B is still valid with AP entry US? - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071214234832AA7fOR3)
Normally, an alien who has filed for Adjustment of Status in the US must apply for Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status application pending.
H-1 and L-1 holders are the only exceptions to this rule.
Aliens in H-1B status who have a pending Adjustment of Status application do not need to apply for Advance Parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before leaving the U.S., he/she may apply for an H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad.
When he/she comes back with a valid H-1B visa to continue to work for his/her H-1B sponsoring employer, he/she does not need to be paroled. Rather he/she can be admitted under H 1B status as long as they're still employed by the H-1B petitioner.
If they choose to be paroled, then they are not H-1B anymore, and if they had dependents, those dependents cannot be H-4's anymore. It's your choice. Use the valid visa if you're still with the petitioner or use the parole. If you are paroled into the U.S., you will need an EAD to work.
Normally, an alien who has filed for Adjustment of Status in the US must apply for Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status application pending.
H-1 and L-1 holders are the only exceptions to this rule.
Aliens in H-1B status who have a pending Adjustment of Status application do not need to apply for Advance Parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before leaving the U.S., he/she may apply for an H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad.
When he/she comes back with a valid H-1B visa to continue to work for his/her H-1B sponsoring employer, he/she does not need to be paroled. Rather he/she can be admitted under H 1B status as long as they're still employed by the H-1B petitioner.
If they choose to be paroled, then they are not H-1B anymore, and if they had dependents, those dependents cannot be H-4's anymore. It's your choice. Use the valid visa if you're still with the petitioner or use the parole. If you are paroled into the U.S., you will need an EAD to work.
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beppenyc
05-26 07:47 AM
If is happen
Well,I am not really happy about Coryn and Kyle (who voted against) but is most important that Senator Session will be out from the delegation.
Well,I am not really happy about Coryn and Kyle (who voted against) but is most important that Senator Session will be out from the delegation.
gsc999
02-11 09:34 PM
This is a great idea!
I am sure there are some hikers, walkers, joggers and runners amongst the IV membership or people you might know otherwise. This would be a great opportunity to take brand IV in a new direction.
I will sign-up too, need to loose some weight :o
I am sure there are some hikers, walkers, joggers and runners amongst the IV membership or people you might know otherwise. This would be a great opportunity to take brand IV in a new direction.
I will sign-up too, need to loose some weight :o
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checklaw
04-01 12:10 AM
Done
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Canadian_Dream
01-24 04:57 PM
I never said school can force her to maintain F1. All I said was if she wants to be on F1 (for whatever reasons) she needs to comply with school's policies. Also her maintaining or not maintaining F1 is immaterial to her legal immigration status in the country (which is safe by the virtue of pending I-485) it is just that she will cease to be on F1 status (her current non-immigrant status, just obtaining EAD doesn't mean she has abandoned F1 status, she needs to use it)
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.
caydee
03-07 03:21 PM
No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.
I did not understand the "time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS" part.
My situation is as follows - My I-140 is approved and judging by the current situation my child will be above 21years (currently on H4) when visa becomes available.
My questions are - Will I be able to extend my child's H4 beyond his 21 years, assuming I continue on H1? And will I be able to adjust my child's status when visa becomes available?
Thanks
I did not understand the "time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS" part.
My situation is as follows - My I-140 is approved and judging by the current situation my child will be above 21years (currently on H4) when visa becomes available.
My questions are - Will I be able to extend my child's H4 beyond his 21 years, assuming I continue on H1? And will I be able to adjust my child's status when visa becomes available?
Thanks
more...
felix31
12-14 02:47 PM
I, personally, do not know anyone who lives in Canada and is complaning about jobs. Every beginning is difficult but for us who come to Canada from the US, I do not think the beginning would be difficult at all. Even with their famous Canadian exp only requirements....
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
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rockstart
06-30 03:35 PM
Your BE degree will be considered equivalent to guys who have 12 + 4 from India. After all you have a fulltime 16 years education with same degree that 12+ 4 guys have. I think AMIE is getting the flak because its considered part time degree ( I know how difficult it is to manage job & AMIE studies) but that is how USCIS is interpreting it at the moment.
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
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breddy2000
02-02 09:24 AM
We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
I think first 4 should be enough to respond to the RFE.
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
You just need to prove that you worked for that particular client during your H1 period.
Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.
Not sure whether you have an attorney or not, but make sure you go through them
Hope this helps
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
I think first 4 should be enough to respond to the RFE.
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
You just need to prove that you worked for that particular client during your H1 period.
Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.
Not sure whether you have an attorney or not, but make sure you go through them
Hope this helps
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gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
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CanadianGuy
05-17 02:39 PM
ROFL!
Yea I guess so DJ. Btw I never did say thanks for the great battle.
Yea I guess so DJ. Btw I never did say thanks for the great battle.
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abhilashny11
12-02 06:02 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
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gceb1
03-19 11:37 PM
Bummer is a word used to express disappointment.
He was not name calling. It takes a while to pick up the slang but it sure helps you to assimilate better.
And, if you were already familiar, before you go on a tirade on me, please hold your horses..
according to you, it means he is really disappointing or annoying to just read one bill and conclude everything....
He was not name calling. It takes a while to pick up the slang but it sure helps you to assimilate better.
And, if you were already familiar, before you go on a tirade on me, please hold your horses..
according to you, it means he is really disappointing or annoying to just read one bill and conclude everything....
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texanguy
10-02 10:50 AM
look to see if you can reduce your monthly mortgage payment by means of "recasting". some mortagages offer this choice, some dont.
Say you are paying a note of 1500 per month, and you would like to pay 1400 per month, then assuming that you have put six months of expense aside in emergnecy funds, pay off your mortgage principal as much as you can. Next, call the lender to tell them that you want to recast the loan. Recasting means figuring out the payment as if your today's mortgage balance is what you would pay on for the rest of the period on your loan.
It may go down by say $50 dollars or sth. But thats the interest you would not be paying to the lender. Which is indeed the savings your will have. $600 / per year.
I am not an expert, just one opinion.
You have not given any specific numbers or your location etc. Hence the above is a quite generic description of what one can do
My boss recently changed and the work environment is not good anymore (never imagined this would happen), I am in a constant pressure and no job security. It's a shocker in a fulltime state job.
We bought a house last year needless to say that the prices have fallen. We are now in a dazed state as we just realised we don't have any savings, whatever we had, we made bad choices - house, 2 cars (They looked good at that time though) and put about 10% on the house.
We were planning on to invest all our savings in the house as we recently paid off our two cars and no other debts. But after reading some posts here on the housing and investment market. I am not sure if I want to put everything in the house, having my job at risk and no GC yet.
Being a novice in fianancial matters, need advice.
Appreciate your thoughts on this.
Say you are paying a note of 1500 per month, and you would like to pay 1400 per month, then assuming that you have put six months of expense aside in emergnecy funds, pay off your mortgage principal as much as you can. Next, call the lender to tell them that you want to recast the loan. Recasting means figuring out the payment as if your today's mortgage balance is what you would pay on for the rest of the period on your loan.
It may go down by say $50 dollars or sth. But thats the interest you would not be paying to the lender. Which is indeed the savings your will have. $600 / per year.
I am not an expert, just one opinion.
You have not given any specific numbers or your location etc. Hence the above is a quite generic description of what one can do
My boss recently changed and the work environment is not good anymore (never imagined this would happen), I am in a constant pressure and no job security. It's a shocker in a fulltime state job.
We bought a house last year needless to say that the prices have fallen. We are now in a dazed state as we just realised we don't have any savings, whatever we had, we made bad choices - house, 2 cars (They looked good at that time though) and put about 10% on the house.
We were planning on to invest all our savings in the house as we recently paid off our two cars and no other debts. But after reading some posts here on the housing and investment market. I am not sure if I want to put everything in the house, having my job at risk and no GC yet.
Being a novice in fianancial matters, need advice.
Appreciate your thoughts on this.
more...
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LIDIYA
09-13 08:24 PM
EAD comes to home address or Lawyers office?
Home address
Home address
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nj_jcarter
05-16 11:19 PM
very cool DJ. Keepin' the levels up as usual. I await the return volley.
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DDash
11-18 05:35 PM
Reduce the base salary and take the difference as a bonus
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paskal
09-22 12:01 PM
there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
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rbutler
06-14 07:11 PM
Similar situation...
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
waitnwatch
07-15 04:19 PM
Yeah! They're doing advanced I-485 processing for those who will submit their application within the next 2 weeks!!!!!!!!!!!!!
Jokes aside....that's a typo...
It is not just 10 days but over 375 days (from July-19-2007 to July-28-2008)
I can understand how you overlooked this. :)
Jokes aside....that's a typo...
It is not just 10 days but over 375 days (from July-19-2007 to July-28-2008)
I can understand how you overlooked this. :)
EkAurAaya
08-07 09:55 PM
People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.
I agree with you and its good in many situations, but i think unfortunately this does not apply here... if we are not united and don't march together towards our ultimate goal... it will only make us look disorganized and we will come across as a bunch of self centered highly educated fools who don't care about the big picture.
For those who dont agree with what IV is doing, no one's forcing them to follow what IV does and certainly no ones forcing them to be here, but if you are here then you should at least trust the organization in what they do.
If you have ideas talk to the core and discuss with them in person or call them... i m sure they will be glad to take it up if the idea benefits everyone and not just me or you... breaking off driving folks in different direction is not the solution, it will snow ball into a big problem.
I agree with you and its good in many situations, but i think unfortunately this does not apply here... if we are not united and don't march together towards our ultimate goal... it will only make us look disorganized and we will come across as a bunch of self centered highly educated fools who don't care about the big picture.
For those who dont agree with what IV is doing, no one's forcing them to follow what IV does and certainly no ones forcing them to be here, but if you are here then you should at least trust the organization in what they do.
If you have ideas talk to the core and discuss with them in person or call them... i m sure they will be glad to take it up if the idea benefits everyone and not just me or you... breaking off driving folks in different direction is not the solution, it will snow ball into a big problem.