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ell & nikki running scared

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  • mrajatish
    06-21 01:38 PM
    There is a 245(K) provision that will save your wife - research that and ask your attorney to file 485 for her with that.





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  • ComingToUS
    05-16 04:16 PM
    I'm coming to the US for the first time on H1B. Do I need a one way or a return ticket? My travel agent told me that since I have a multiple entry visa (expiring on Oct 2011) a return ticket is not required unless I need to travel back home within one year. Could someone with knowledge about this issue help me out. I would really appreciate a reply from someone who recently landed in the US on H1B.

    Thanks





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  • sanjay02
    01-12 12:47 PM
    Hi
    What are the implications of REAL ID act with regard to driver's license? I apologize for posting some thing off the subject.

    http://online.wsj.com/article/SB120010979353085903.html?mod=googlenews_wsj





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  • sanz
    03-10 04:06 PM
    Everything makes sense to us ... i hope some sense comes tot he folks manning the immigration process.



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  • roseball
    08-04 04:11 PM
    Hi,

    I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.

    The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.

    My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.

    Thanks for your help.

    Shan

    No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.





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  • Dilemma
    10-22 05:42 PM
    Hello -

    I am in sort of big dilemma. My Background:
    - Single (not married)
    - Currently on H1-B valid until Dec 2011.
    - PD July 2007. Company A
    - I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.

    I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.

    Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:

    - they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
    - I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.

    So, I have following questions to experts here which will help me decide what option to take:

    1) Shall I go ahead with new employer & start using EAD ?

    2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?

    3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.

    Please advise.

    Thanks in advance...



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  • yaasir
    10-28 03:21 PM
    Thank You kirupa, it works.
    Great work





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  • girishvar
    08-11 09:37 PM
    Photocopy is fine. However get the photocopies certified by your attorney.

    Hello,

    I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?

    Thanks

    Manoj



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  • arnab221
    03-19 03:41 PM
    They said that they were hoping that they would be able to introduce something this month , but the refuse to confirm anything . They said that the bill was still being amended and refused to give any time frame .:mad:





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  • pmb76
    08-14 05:30 PM
    Folks please advise on using POJ method. I tried calling using the instructions below however I always get to customer service instead of NSC where I intend to connect. Am I missing something here ?

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4

    I am July 2 filer with Nov 2005 PD EB2-I. Even though I'm happy for others It is indeed frustrating to see my case languish like this. No updates at all. CSR just tells me to wait and wait forever. Opened an SR but nothing happened yet. Very very demoralizing....



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  • Euinox
    05-20 01:10 PM
    I came to US in 2009 March (on H4 Visa) ,
    I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

    Now I am on H4 till date.

    I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

    Now I have inquired some other place and gone through different forums to get answer.
    Here is the query,
    If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

    What kind of H1B petition I need to file and when it will get approved?
    Will this be a fresh H1B petition or something different?
    Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

    Please help me in this issue. I will really appreciate your help.

    Any document/ link which shares light to similar issue is really helpful for me.





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  • Lisap
    09-07 12:37 PM
    I am a little confused after reading some of the posts on here.... What is your priority date based on? Is it the receipt date of your Labor cert or the approval date off your labor cert? Or neither? Thank you all



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  • Guitar
    12-07 01:18 AM
    Hi Members,
    I am pretty new to the forum. I thought you must be helpful answering my questions because attorneys in my company provided are not helpful.
    My attorneys filed Labor with the missing job information like in the allien job experience section. i saw the the current job start date is wrong then the job 2 is put with the wrong dates. Job 3 is not there. I got a audit as ******** is my attorney as special audit. when I contacted they said its electronically filed then can't change. They will take care in later stage.Then THE LABOR IS CERTIFIED. Now I see nothing has been taken care. they are filing I-140.

    Now my question is if i get RFE in I-140 in future and I send the experience letters obviously which will be different date( as labor is approved with aliens wrong info in experince).

    PLEASE members let me know the complication.. am getting really worried..Let me know what to do.





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  • lazycis
    04-02 04:55 PM
    I have a question. Our files are stuck in the Chicago local office (after our interview last year) and the only thing pending is the Namecheck, which has been pending for more than 180 days. Our PD is current. Is anyone in the same position?

    It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?

    You should send a letter to local office and demand adjudication. Attach Feb 4th memo.



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  • tempgc
    02-02 03:35 PM
    Hi
    Here is my situation and looking for any previous experience and suggestion from experts.

    I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
    Here are my concerns

    1. Should file for AC21 or just keep quite till CIS sends a letter ?
    2. If I ensure my new job and old job responsibilities are same, am I safe ?

    Do you see any problems or advise me for anything.

    Thanks
    tempgc





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  • acepb
    04-23 07:05 PM
    this does clear it up a bit..thanks!



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  • ivuser9
    04-14 10:10 PM
    Gurus,
    I have received the following RFE.

    Please submit the oldest available evidence which establishes your birth and parentage. This evidence may include, but is not limited to:

    a. Hospital birth records which name the child and both parents.
    b. Medical records which name the child and both parents.
    c. School records which name the child and both parents.
    d. Census records which name the child and both parents.
    e. Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable rite occurred following the birth, showing the date and place of the child�s birth, the date of the religious ceremony, and the names of the child�s parents.

    I have submitted Date of Birth Certificate at the time of applying 485 which is dated in 2002.

    Ans:
    I am planning to submit notarized affidavits from my father and mother.

    SSC (10TH Certificate/Memo)

    Are these enough? What are the other options ? Please let me know your valuable thoughts..

    Thank you
    IVUSER





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  • PHANI_TAVVALA
    12-15 02:47 PM
    If she is currently on F-1 and if she wants to maintain F-1 when she comes back she will need to go to the embassy and get her F-1 visa. If she enters U.S on old unexpired H4-Visa her F-1 visa becomes invalidated and she won't qualify for OPT/CPT etc.





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  • uimv
    02-11 06:07 AM
    Please reply/share experience.

    What is minimum duration at which one must get paid at I-140 rate after GC? (after which rate can safely be lesser)

    Thank you.





    gc_rip
    06-13 09:02 PM
    As all PD are now current, number of EAD filling will increase. So the processing time will be about 6 months for EAD.
    My question is what will happen, if the PD retrogress before EAD is approved. Will it be still approved, or will have to wait till PD get current again.





    WeShallOvercome
    09-10 02:32 PM
    Hi all,

    I am getting a new job offer and i applied my GC this July just like most of us here. Is it possible to accept the offer and transfer the H1B visa, then try and negotiate to start later as soon as 180 days are completed?

    What happens if i transfer my H1 now ... less than 180 days..and do not start with the new company, will my 485 still be processed? Lets say the H1 is transferred, but i plan not to use that H1 and stick to the same company where my H1 is, will that still be ok?

    I am confused, its a good offer, and i dont know what to do. pls help..


    An H1 transfer is not really a transfer. Just that you'll get another employer who is willing to and who can legally hire you. It does not mean you HAVE TO work for the new employer.

    All the options you discussed here are safe for you.

    1) Get H1 'transferred' now and join the new employer after 6 months are over
    2) Get H1 'transferred' now and don't join the new employer.

    Just make sure your new job description is similar to your LC job description and it has been 180 days since you filed your I-485.. Chill