for_gc
06-14 03:44 PM
Question is who will bell the cat.
blogger
06-24 10:47 AM
Thanks janilsal.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
vrbest
02-12 03:50 PM
Hi I am on the same status. My lawyer said I dont need to worry. She said I am still on H1 as the extension is applied and is pending.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
urpal
07-15 08:27 PM
I will be coming back on Sept 6th and will share my experiences.
more...
sanju
03-02 11:32 AM
This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.
I suggest you delete this thread as no wants to look at this.
.
I suggest you delete this thread as no wants to look at this.
.
anjans
07-10 08:54 PM
H1gurus pls advice
more...
dixie
09-08 08:40 PM
Interesting thread but NO Radio Button to vote...
You will have to login to be able to vote.
You will have to login to be able to vote.
indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
more...
alseethis
08-09 11:24 AM
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
cdeneo
03-25 09:36 PM
Is delivery confirmation possible for PO Box addresses?
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
more...
WaitingUnlimited
09-21 02:31 AM
I am not an attorney but I was in almost similar situation.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
virens
08-24 04:37 PM
Hi Everyone,
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
more...
devikas81
06-19 04:26 PM
1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
sreenathm
10-11 09:11 AM
:confused: I got very anxious when my co lawyer told me that I got a query from INS.
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
more...
kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
logiclife
02-27 08:11 PM
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
more...
bfadlia
06-11 08:10 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
It's an honor to have you in our forum, Mr. T :o
It's an honor to have you in our forum, Mr. T :o
eb3retro
01-06 05:39 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
jediknight
04-06 08:34 AM
I was worried about the Immigration status with the FHA loan processing. Glad it's not an issue.
Still debating whether to refinance via FHA or wait for a few months till the house prices are better and do a conventional loan. The FHA MIs are quite steep in my case ($20K upfront + $350 per month)
- JK
Still debating whether to refinance via FHA or wait for a few months till the house prices are better and do a conventional loan. The FHA MIs are quite steep in my case ($20K upfront + $350 per month)
- JK
snathan
07-27 11:44 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
The day when the I-485 was denied, your EAD became invalid. If you are using the same for your work its illegal or unauthorized work.
vine93
05-08 07:58 PM
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
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