YesGC_NoGC
09-08 12:25 PM
Hi
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
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crystal
07-08 03:22 PM
I beleive you need to choose Indian Citizen residing in United States .Check on thrusdays and fridays more closely
Munna Bhai
01-30 12:35 PM
Munna Bhai:
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.
So bottom line, employer should agree.
When you say "You need your employer's approval, without them you cannot change the attorney" Do you mean that they have to sign the new G28 forms ? Can you clarify ?
Thanks.
That will taken care in-between both the lawyers, but it is your employer who should be ready to accept this. I have one of my colleague who just requested employer and he hired new attorney and got all his papers moved.
So bottom line, employer should agree.
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kondur_007
06-03 11:06 AM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
This is done in preparation for the spill over (fall down); they have used up all of "china's own" numbers and now they will actually retrogress EB2 China (to move it along with EB2 India) to distribute spillover (fall down); the VB will come with a "long explanation" as to why the retrogression for EB2 China despite of low demand....
Stay tuned! :)
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
This is done in preparation for the spill over (fall down); they have used up all of "china's own" numbers and now they will actually retrogress EB2 China (to move it along with EB2 India) to distribute spillover (fall down); the VB will come with a "long explanation" as to why the retrogression for EB2 China despite of low demand....
Stay tuned! :)
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voldemar
04-18 10:34 PM
Poll is asking only about filing. What about people who already filed 485 and then retrogressed?
phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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Money
02-14 12:10 AM
they removed only e-verify and i did not check my facts
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PresidentO
02-03 01:12 AM
Dont flll 1040 by yourself if you are not a tax expert.
Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.
get Some software such as Turbotax or Taxcut
Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.
get Some software such as Turbotax or Taxcut
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lotsofspace
12-31 01:32 PM
Now that it is 180 days Since Jul 2nd and some of us are thinking about AC21. Some are invoking AC21 and sending the documentation as soon as they change jobs and others are thinking of not informing the CIS (AFAIK Informing CIS is not mandatory as per AC21).
A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.
It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.
This is a simple poll.
PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.
A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.
It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.
This is a simple poll.
PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.
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what_now
02-27 04:39 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
?
Thank you very much.
?
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seeking_GC
07-02 09:52 AM
but fedex wont deliver to a PO Box right?where shd we send it in that case?
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hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
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ajay_hyd
05-01 08:04 AM
I talked to an attorney and they said its best to file for AC21. i want to file it but am not sure if i should take attorneys help (and pay them) in filing this or just work with the new employer to do it.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
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dealguy007
05-12 06:29 PM
u can stay with A, no problem.
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
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return_to_india
02-15 07:07 PM
CLEARANCE OF INCOMING PASSENGERS (http://www.cbec.gov.in/travellers.htm)
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rsymonds
08-04 06:36 PM
Hi,
Here is my current Status :
I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011
My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)
MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?
Please let me know. I do not want to take a wrong step since I am so close to getting my GC.
RS
Here is my current Status :
I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011
My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)
MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?
Please let me know. I do not want to take a wrong step since I am so close to getting my GC.
RS
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la_guy
06-27 06:43 PM
From immigration-law
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
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apahilaj
09-12 02:08 PM
What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.
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guchi472000
12-08 08:06 PM
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Intel
10-05 01:07 PM
Hi!
I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.
I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.
It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.
I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition
Q. How do I establish residency?
A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
http://www.utexas.edu/student/admissions/residency/resfaq.html#q1
Thank you for all your help! - Remember I am in CALIFORNIA not TX.
I entered the U.S. on an F1 visa on March 9th 2007, and have continued to study in the U.S. as of now.
I pay "Out-of-state" tuition to California State University, but I would like to know if there was anything I could do to become a legal resident of California to apply for In-state tuition.
It's not that I am trying to get a way out of the system, but in reality I want to become a U.S. resident which is one of my goals, just popping up in here to see if there's anything I can do in the meantime.
I have researched in Texas University, if I apply for a VISA, while it is processing I can pay IN-State tuition
Q. How do I establish residency?
A. One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
http://www.utexas.edu/student/admissions/residency/resfaq.html#q1
Thank you for all your help! - Remember I am in CALIFORNIA not TX.
eb3_nepa
05-28 11:20 AM
If you are actually using the EAD you cannot work in the interim though. Just an FYI
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