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  • Chicago Desi
    03-31 11:14 AM
    ...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...

    Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.





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  • bujji_d
    10-12 04:33 AM
    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.





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  • sr77
    09-26 11:45 AM
    Hello,

    The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.

    We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.

    I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.

    1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
    2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?

    I am concerned that the dates will retrogress again. Any advice or comments will be helpful.

    Thanks,
    SR





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  • nozerd
    09-06 04:39 PM
    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.



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  • zephyrr
    03-20 10:51 PM
    what happens when the I-140 is not approved, if one uses AC21 after 180 days of concurrent filing of I-140 and 485, does a withdrawl by the employer affect anything?

    Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.





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  • NikNikon
    June 16th, 2005, 03:54 PM
    Hey Anders, I gave a go at lightening your shot. Would be interested in how yours came out as well.



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  • zephyrr
    03-20 11:56 PM
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

    I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.


    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..





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  • forgerator
    11-11 11:49 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A

    It should be greater than 50% different if you wish to use the previous position's experience.

    Here is how it happened in my case

    Company 1 - 2yrs exp

    Company 2 position 1 - 3 yrs exp

    Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).



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  • mwin
    08-17 02:14 PM
    I485 will be accepted, if all other things are good.
    Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.





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  • supers789
    08-05 04:44 PM
    very frustrating.. Aug is here, and my PD is current now (using old employer 140).. but cannot file 485 since fragomen-PERM stuck in audit for current employer!!!

    I was waiting for PD to become current for almost 2-3 years.. at old employer... now its current.. and i cannot do anything... !!!! just wait and watch!!.. Audit result expected in 6-8 month per fragomen.. 6 years of h1b expiring in 10 months!



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  • pappusheth
    05-02 07:29 PM
    Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.

    snathan: In that case my I-94 will be valid thru August 2009 which is the expiry date of current my stamped visa. Then what happens after August 2009? Since my I-94 will be expired, is that considered an unlawful presence? If so, what should I do then?

    We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.

    mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

    Lastly, for my wife, who will be entering on AP will be given one year of I-94. what happens after that I-94 is expired? Is that considered as unlawful presence? In that case will she have to renew her I-94? In general for people who enter on AP, what happens after their I-94 is expired??

    I appreciate your responses on this I-94 expiry piece.. I want to make sure that either me or my wife are not staying with expired I-94.
    Thanks.





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  • webm
    09-25 10:19 AM
    We both have received EAD.

    But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?

    Thanks.

    Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

    HTH,



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  • sathish_gopalan
    10-18 12:41 PM
    You could send payment to
    donations@immigrationvoice.org paypal account for any
    amount that they would like to contribute. If you want to contribute 50$, then this is a good option

    This would require for them to have paypal account.





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  • joydiptac
    05-11 07:51 PM
    - What it means is different depending on who you say it to and also the context.
    In a meeting when you say that it means you either don't have a clue or you don't want to talk about it as it either is less important than what ever else you have to say or it will only prove how inefficient you are.

    However, when you say that to the Senate committee it means that you will have to get back with at least a 3-10 page report. It would have helped had Myorkas been more supportive upfront but what the heck... The Senators already know the answer anyway. They were just asking for support from Myorkas.
    FWIW



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  • prolegalimmi
    03-01 01:51 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.

    Another improvement if I may:

    Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.

    Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
    We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.

    Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.

    It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.





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  • bkarnik
    05-24 05:01 PM
    You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....

    One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.

    Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?



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  • bbenhill
    11-13 08:51 PM
    I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

    #3 : no, only show H1B approval from ur spouse.
    #4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
    #5 : I believe you are not out of status but you are violating H1 condition.

    But again, Please check with ur attorney since I am not an attorney.

    Sorry if my answers will scare you a bit.

    Regards,





    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu





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  • pappu
    01-29 06:50 PM
    rumour say retrogression may lift on march 2009, is it true????

    Is that your new year wish? :)

    I do not see any possibility unless some miracle happens.





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  • ksairi
    08-16 01:56 PM
    My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)

    Please let me know his options!

    1) Do they reject his applications in TSC?.
    2) If he file another set in Nebraska Service Center is ok?

    ?





    InTheMoment
    03-19 01:51 AM
    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.

    Good observation, although I totally support this clause to oppose automatic citizenship.





    abandookwala63
    03-31 07:41 PM
    I am going to trnafer my H1 visa from company A to Combany B. I have EAD but my lawyer suggested me to have a backup of H1 visa. I am ith 8th year of H1 visa with the same company A. If my H1 gets denies can I go on EAD or i will be out of status.