IneedAllGreen
02-23 01:23 PM
My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.
Thanks
IneedAllGreen
Thanks
IneedAllGreen
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calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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wandmaker
04-04 11:47 AM
The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
more...
lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
biomd
09-26 06:24 PM
My AOS applications received at NSC on 10th Aug Checks cashed on 24th Sep.
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snathan
02-24 11:19 AM
snathan,
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern…
no...education also checked during I-140. Just google 3 years degree and I-140 issues. Most of the time the PERM is gettting approval and only during the I-140 process people are facing issues.
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern…
no...education also checked during I-140. Just google 3 years degree and I-140 issues. Most of the time the PERM is gettting approval and only during the I-140 process people are facing issues.
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InTheMoment
08-12 12:05 AM
Why open an altogether new thread for this question? You could have posted in any of the receipt related threads!
Anyone who has receipts could have answered your question there to such a simple question
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
Anyone who has receipts could have answered your question there to such a simple question
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
more...
hopefulgc
04-10 02:58 PM
The sorting for priority date is not working right.
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
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sanjay02
11-22 04:49 PM
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
more...
rajenk
08-13 10:12 AM
Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
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lostinbeta
10-03 01:33 PM
Well then for all you know, your equation could equal less than mine :evil:
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frostrated
05-13 12:00 PM
why are you worried about your labor when your status shows that you have filed your 140?
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capriol
07-06 10:30 AM
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE]
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE]
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HOPE_GC_SOON
07-16 11:47 AM
I second this: NO Link of Wage Level to EB2. what all matters is Qualification and Job requirement. That's what I heard from my Paralegal.
I agree. I am EB2 and my Prevailing_Wage_Level is Level II
I agree. I am EB2 and my Prevailing_Wage_Level is Level II
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glus
02-19 01:54 PM
Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
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07-24 12:04 AM
BEtter go with lawyer...$400 is not much and will save u headache later on dur to name mismatches.
hpandey
12-24 03:29 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .
If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .
What you are suggesting is certainly possible but complicated.
Easy way would be to go on AP and use your EAD and AC21 to move to another company .
But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .
obviously
05-15 09:04 PM
Folks, I just called and left VM's with all on the list. It is very simple and takes less than 15 minutes in total. If you are someone that is 'shy' or 'afraid', dont worry... you are speaking to an automated voice and leaving a message. Get over those nerves. Helps when you call again and speak with a real person. Remember, they are here to serve us and help us.
So, please take 15 minutes to call and leave these requests.
Cheers!
So, please take 15 minutes to call and leave these requests.
Cheers!
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