Thursday, June 9, 2011

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  • alterego
    10-27 07:58 PM
    I think the lawyer wants her to get the h4 stamped so she can stay in status in case of any problems with the 485, especially since you are maintaining your H1b/AOS pending on which she is a dependent.
    Since she has not used the H1b or got it stamped and since you have applied for 485 before it was to take effect, she is safe with your dependent 485 AOS and H4 status. Cancelling her H1b will benefit you guys from any confusion at the consulate. Either way the AP will allow her to return in AOS without problems.





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  • zoooom
    10-26 10:27 AM
    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?





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  • bestia
    07-16 10:58 PM
    Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.





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  • bp333
    09-25 12:51 PM
    I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.

    Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??



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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • gcnotfiledyet
    02-28 01:52 PM
    For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.

    If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.

    If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.

    Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.



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  • mittal_ravi
    09-23 08:01 PM
    I am Aug 1st filer ( Nebraska) and still waiting on check encashment or any kind of response.





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  • pappu
    09-24 10:14 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.



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  • GCBy3000
    04-28 05:01 PM
    Below is my understanding as I searched for answer sometime back.

    yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.

    If anyone thinks othewise, letme know.





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  • casinoroyale
    03-31 02:02 PM
    Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.

    Here is a link taken from other thread from IV
    http://www.murthy.com/mb_pdf/030609_P.html



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  • maddipati1
    02-04 04:30 PM
    has anyone requested USCIS to send AP via Fedex/UPS?

    I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.

    has anyone done this successfully?

    would help me a lot

    thanks





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  • uma001
    05-07 10:30 AM
    May I know on what basis you are recommending this. Do you have any legal basis.?

    What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.

    Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.



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  • gc28262
    07-29 10:52 PM
    Searching in Google, the good way | Code Purity (http://blog.code-purity.com/archives/2009/7/24/searching_in_google_the_good/)


    There are huge set of techniques by which searching in Google can be done more accurately, and here is a list of them that I frequently use.


    1. Whenever we search for more than one keyword (i.e. computer programming, here we use 2 key word. a) computer b) programming) at a time Google will handle this keyword using a method called Boolean Default. Google's Boolean default is AND; that means if we enter query words without modifiers, Google will search for all of them. If we search for:

    computer programming


    Google will search for all the words. If we want to specify that either word is acceptable, we can put an OR between each item:

    computer OR programming


    If we want to exclude a query item from search results, use a -.(minus sign or dash:

    computer -programming


    Note that there is no space after the (-) sign.

    2. To search for a phrase use "" surrounding the phrase. like:

    "Some Interesting Google Search Technique"

    3. Period (.) and Asterisk (*) can also be used as traditionally used.

    4. To search anything from a specific site use site:site_name.

    google site:share-facts.blogspot.com

    This will search for the term google only in the specified site. Note that there is no space after the (:) sign.

    Eg: ead site:immigrationvoice.org

    5. To restrict search to title of web pages we can use intitle:search_keyword

    intitle:google

    6. Use inurl:search_keyword to restrict search to the URLs of web pages.

    inurl:google

    7. To search in body text use intext:search_keyword

    intext:html

    8. Searches for text in a page's link anchors

    inanchor:"google desktop"

    9. To search for a specific filetype use filetype:desired_file_type

    bangladesh filetype : pdf

    10. To search a copy of the page that Google indexed even if that site/page is no longer available at its original URL or has since changed its content completely. This is particularly useful for site/pages that change often.

    cache:share-facts.blogspot.com





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  • raysaikat
    02-16 09:32 AM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    Yes.

    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    This is the preferable option.

    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)
    [QUOTE=sa.node;2357341]

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.



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  • Ramba
    03-25 01:33 PM
    Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.

    I hope IV will take care of this situation.





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  • Springflower
    07-17 12:38 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.



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  • ironikart
    04-29 01:27 AM
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  • fatjoe
    09-24 10:11 AM
    My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.





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  • jgh_res
    06-20 11:11 AM
    Are you trying your luck to get an RFE with digital pics?

    Read the following post:
    http://www.immigrationportal.com/showthread.php?p=1678834&highlight=digital#post1678834

    Some are successful with digital pics but there are lot of them who had issues with digital pics including me, twice. All the best!!!!!

    get the photos from CVS, they give you 6 photos for 8 bucks





    iv_only_hope
    02-08 09:07 AM
    One thing I would like to know on those lines assume yours is true that cases do not go to officers unless PD current. So how does it work. Lets say today PD is 2003. Tomorrows VB PD becomes 04. So assume 2 cases one with RD apr 07 and one with may 07 both with same PD 04. Would april case go to him? What if during one month period VB rolls back. If hes not done would he keep case back?





    guyfromsg
    09-20 02:37 PM
    Just got H1 7th year ext approved. Planning a trip to Chennai in Nov. Tried to get the VFS appointment and nothing is there for this year. There used to be an emergency appointment link and it's no longer there. Am I missing something?



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