mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
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masala dosa
05-12 09:43 AM
Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
I cannot open the audio file on internet explorer/Windows media player
can anyone tell me why?
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
I cannot open the audio file on internet explorer/Windows media player
can anyone tell me why?
logiclife
12-20 08:06 PM
Accuracy of is really really bogus.
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
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StukAtBEC
02-16 10:19 PM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
more...
gjoe
08-21 05:53 PM
Since you have given your DOB and also I have seen some of your posts here are my predictions for you.
You are a person who is attached to your family and friends very closely. You feel disappointed when you think that they don't reciprocate the same kind of feelings towards you.
You have lots of passion towards whatever you choose to do, but when you see that you are not able to come to the top on that you will feel dejected and frustated.
You won't indulge in wasteful spending, but sometimes you go out of control with your spending for a short period of time.
You would be a very trustworthy person and you will be an average performer at work as far as others consider you.
You can acheive greater heights in life and career if you can focus and hang in there without diverting yourself due to restlessness or boredom.
To sum up the whole thing in a few words -" If you learn to persist you will see big successes"
All the best buddy.
You are a person who is attached to your family and friends very closely. You feel disappointed when you think that they don't reciprocate the same kind of feelings towards you.
You have lots of passion towards whatever you choose to do, but when you see that you are not able to come to the top on that you will feel dejected and frustated.
You won't indulge in wasteful spending, but sometimes you go out of control with your spending for a short period of time.
You would be a very trustworthy person and you will be an average performer at work as far as others consider you.
You can acheive greater heights in life and career if you can focus and hang in there without diverting yourself due to restlessness or boredom.
To sum up the whole thing in a few words -" If you learn to persist you will see big successes"
All the best buddy.
boreal
02-05 06:28 PM
Can you please let me know if you received my email.
Thanks
wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...
Thanks
wow!! IV has been very productive for you NewDoc..Would u like to contribute to IV if you get this post? And Bonus if you can convince some of your friends to join IV and contribute too ...
more...
logiclife
12-20 08:06 PM
Accuracy of is really really bogus.
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
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lonedesi
08-04 04:29 PM
I have made changes and posted separate letters on http://immigrationvoice.org/forum/showthread.php?t=20657
Please post your comments on that thread
Please post your comments on that thread
more...
swo
07-21 04:15 AM
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You better check to see if you are invalidating your entire petition.
You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.
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pappu
05-20 10:54 AM
It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
more...
gcdreamer05
09-02 11:29 AM
Can an H-4 visa holder living in the US work for an Indian employer via Internet? Can he use this experience while transferring to H-1B?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
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supreet
05-15 12:46 AM
Hello All,
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
I have read that it is not advisable to take any public assistance (like file for Unemployment) while on EAD.
I am a August 2007 filer with I140 approved and 485 filed > 180 days. I was recently laid off and I am planning to take COBRA for my health insurance needs. I have got some paperwork regarding ARRA Premium Reduction (American Recovery and Reinvestment Act) where it says if your job is involuntarily terminated you can get 65% payments for your COBRA payment from ARRA Premium Reduction program.
My questions for the experts is, is it advisable to take this assistance? Can it cause a RFE on my 485?
Thanks for all your answers.
S
more...
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kams
06-19 06:14 PM
I spoke to Cigna (I have Cigna access plus). As long as claims are for preventative care, Cigna will reimburse. Vaccinations, Tests and X-Ray will be covered. I intend to file a claim, let's see whether I get anything.
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unit
09-16 03:57 PM
I am also in a similar situation, and have the same question.
Any one with answers?
Any one with answers?
more...
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graylensman
11-22 09:56 PM
Tomorrow is always the new day. And I'm disappointed nobody tried to bribe me.
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sobers
07-26 03:24 PM
Guess I've lot track of time now too
:)
anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.
I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..
I know you guys are doing your best under the present circumstances...
:)
anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.
I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..
I know you guys are doing your best under the present circumstances...
more...
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LostInGCProcess
01-21 06:11 PM
Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
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dvnagesh
12-05 05:01 PM
Congratulations !! Thanks for sharing the info on the forum and for offering your help...
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GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
thomachan72
10-04 02:54 PM
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
Anybody with expertise with the public PF? That would be a great if we could use that. As you said we can take off the contribution from our gross for tax purpose and also the interest rates are very high (I believe >10%), and on top of that it is not taxable when you withdraw at retirement age. I am going to ask my CA friend in India and will post the information here. However, it sounds too good to be true:D:D
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
Anybody with expertise with the public PF? That would be a great if we could use that. As you said we can take off the contribution from our gross for tax purpose and also the interest rates are very high (I believe >10%), and on top of that it is not taxable when you withdraw at retirement age. I am going to ask my CA friend in India and will post the information here. However, it sounds too good to be true:D:D
signin241
07-24 09:15 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
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