jnraajan
03-29 04:13 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
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freddy22
07-20 12:59 AM
what if he is charged with 2 misdemenaors as a YOUTHFUL OFFENDER?
is the law not that these are NOT grounds for deportation proceedings?
is the law not that these are NOT grounds for deportation proceedings?
howzatt
08-15 11:34 AM
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).
Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).
Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.
2011 Earth - Artistic Wallpaper; Earth - Artistic Wallpaper. djenvision. Jul 6, 06:07 PM. Anybody waiting in line early or just
dassumi
12-23 02:58 PM
This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
more...
indianabacklog
07-27 09:32 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.
However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.
EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.
However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.
Project_A
05-16 08:17 AM
May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.
more...
jsb
10-25 11:42 AM
I filed my application on July27th. Completed FP on 10th Oct. I have not received EAD yet. When i called USCIS, I got response to wait 90days from the receipt date.
USCIS is overhelmed with filings, so delay is everywhere. How come you got your FP done so fast? I filed on July 2, and got just receipts, nothing else.
USCIS is overhelmed with filings, so delay is everywhere. How come you got your FP done so fast? I filed on July 2, and got just receipts, nothing else.
2010 and artistic wallpapers.
LostInGCProcess
01-08 10:44 AM
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
more...
kutra
01-20 10:37 AM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
Why does she need to use COBRA? Certain life changing events such as job loss, birth, etc. allow adding or removing of dependants, or enrolling in an insurance plan outside of the enrollment period. So you should be able to join the insurance plan provided by your employer. If she's quitting her job, she should be eligible to come on to your insurance plan as a dependent. This will be a much cheaper option than using COBRA. Look into this.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
Why does she need to use COBRA? Certain life changing events such as job loss, birth, etc. allow adding or removing of dependants, or enrolling in an insurance plan outside of the enrollment period. So you should be able to join the insurance plan provided by your employer. If she's quitting her job, she should be eligible to come on to your insurance plan as a dependent. This will be a much cheaper option than using COBRA. Look into this.
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qasleuth
01-08 12:52 AM
Thank you qasleuth ..... ..... ..... ..... frack you
Just read your post and you will see the same dastardly mistakes that I supposedly made.
The difference is: I did not pre-suppose my English is perfect.
Supposedly means 'hypothetical'. You did not 'supposedly' make them, you actually did. Sentences do start with capital letters and you need commas when appropriate.
Please dont take this as a personal one off attack. I have read quite a few of your posts. Here is a good reference URL for your perusal.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/01/18/MN73840.DTL
Just read your post and you will see the same dastardly mistakes that I supposedly made.
The difference is: I did not pre-suppose my English is perfect.
Supposedly means 'hypothetical'. You did not 'supposedly' make them, you actually did. Sentences do start with capital letters and you need commas when appropriate.
Please dont take this as a personal one off attack. I have read quite a few of your posts. Here is a good reference URL for your perusal.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/01/18/MN73840.DTL
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factoryman
03-15 11:30 AM
through whom I filed my first year taxes in US, that you don't need to declare if your mail-in rebates, apartment referals don't cross USD 1600. I haven't read anything that this has changed.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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nashim
08-15 08:50 AM
It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.
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logiclife
05-23 11:56 PM
Mercies,
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
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Chelo
02-13 04:59 PM
Listen to
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER
.... Or whatever other four reasons you want to write
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER
.... Or whatever other four reasons you want to write
more...
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deba
06-05 05:42 PM
In the same boat, I have the same status on USPS tracking for delivery at TSC. Will wait and see if the status changes or if they cash the check. So I guess you are not alone. :-)
dresses Artistic Wallpaper as an
GoneSouth
03-14 05:48 PM
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
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atulnayak1
02-19 12:03 PM
Franks Red Hot sauce, I put that sh&t on EVERYTHING!
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buehler
06-03 01:09 PM
May be I am not understanding the question right...I think the question was - what are the STEM disciplines? I know the website lists a bunch of occupations that require one of the STEM degrees. So to look at what are the STEM degrees, I chose Browse By STEM Degree and in that Scroll menu are all the majors - starts with Chemistry, Computer Science, Engineering....
The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.
The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.
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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
glus
05-31 10:37 AM
thanx
This is my first time $200 contribution for this great organization. Keep up the good work guys!!
Google Checkout #778027030093989
This is my first time $200 contribution for this great organization. Keep up the good work guys!!
Google Checkout #778027030093989
anandrajesh
08-15 11:55 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Welcome to the Weird World of USCIS where there are no rules to be followed.
Welcome to the Weird World of USCIS where there are no rules to be followed.
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