davesmith
01-30 11:47 AM
Hi Friends,
Thanks for answering all my question and I really appreciate all of you for sharing your experience.
I am new to all these and seeking for Family based GC category 2A applied in May 2005. According to the date in VB for the month of FEB we should get GC as of now but didn't happen.
I am confused about the "Note" that is written under the Family Based PREFERENCES chart in VB. Could some one make me understand in simple language what the below note says?
*NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAR04. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR04 and earlier than 01MAR06. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)
Please reply.
Thanks a Lot
Thanks for answering all my question and I really appreciate all of you for sharing your experience.
I am new to all these and seeking for Family based GC category 2A applied in May 2005. According to the date in VB for the month of FEB we should get GC as of now but didn't happen.
I am confused about the "Note" that is written under the Family Based PREFERENCES chart in VB. Could some one make me understand in simple language what the below note says?
*NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAR04. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR04 and earlier than 01MAR06. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)
Please reply.
Thanks a Lot
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mdy_tvr
09-26 05:05 PM
Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.
Thanks.. I appreciate it
Thanks.. I appreciate it
kumar1
01-08 02:54 PM
Jesus!!!!
Nope ! EB-2 India
Nope ! EB-2 India
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Cheran
09-18 12:36 PM
I know people work for county on EAD, but can one be employed by the US government on EAD?
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solaris27
02-03 10:03 AM
you can do it yourself or take help from any tax consultant .
jonty_11
02-12 04:01 PM
U probably are asking the wrong community...most of the people here are retrogressed...and cannot file i485...so we wudnt know...Ask your question at Immigrationportal.com or immigration.com
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bank_king2003
04-23 06:49 PM
Thanks aruben for your reply.
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
2010 It All, Melissa Joan Hart.
MrWaitingGC
11-28 08:40 PM
I strongly fell you should get it fixed. Any how you have good Priority date after correction. If they dont correct then you are still lucky :)
Keep all evidences that you tried to correct it. This will help in future if any thing goes wrong from there side.
Keep all evidences that you tried to correct it. This will help in future if any thing goes wrong from there side.
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prapro
06-05 10:56 PM
I am talking about I 485 only. In my 485, preparer name, Phone number, E mail address and company address printed but there is no signature and date.
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krishna_brc
01-29 05:40 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
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GCHope2011
06-25 08:10 AM
If the cruise goes outside of US territorial waters, everyone on the ship needs to show eligibility to re-enter the US on return. This is true even if the ship does not make any port call in a non-US territory.
In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.
So yes, you will have problems coming back if you go on this cruise.
You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).
In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.
So yes, you will have problems coming back if you go on this cruise.
You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).
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peer123
12-05 06:48 AM
Hello friends,
Can any one who has used existing labor please comment of my question
Regards
Can any one who has used existing labor please comment of my question
Regards
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house Melissa Joan Hart
FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
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TexDBoy
09-11 10:30 PM
I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
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gcisadawg
04-24 12:35 PM
Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
dresses Clarissa (Melissa Joan Hart)
sk.aggarwal
10-26 10:41 AM
How long does it takes to get any thing back on FOIA request. I send over the documents a month back, havent heard anything back. Not even my position in the queue. How long does it takes?
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makeup Clarissa Explains It All
same_old_guy
10-23 05:31 PM
Who told you that ? I am sure it wasn't any lawyer !!
girlfriend Melissa Joan Hart turns 35: A
martinvisalaw
03-23 09:12 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
You should be OK if the two locations are within the same MSA.
You should be OK if the two locations are within the same MSA.
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NNReddy
07-05 12:38 AM
My mother-in-law is on a visitor visa. She is supposed to go to india in 10 days. But she had a medical emergency and had a surgery this week. She cannot travel to india right now, as she needs rest after surgery. Can we apply visitor visa extension on medical grounds or is it safe to apply for extension on tourism/visiting grounds, Please advise.
kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
hi there
10-18 07:18 PM
yes, I was talking about H1b stamping! Thanks for your reply. That means I need to e-mail them to get an interview slot for my H1b stamping. I don't see any available slots from VFS website for December.
Thanks once again!
Thanks once again!