sanju_dba
09-20 02:01 PM
not sure if moving to another state is a option...
but i can think of..
1) cancel the insurance
2) apply for another insurance effective from your return date, cancel the existing insurance.
3) take min liability only
4) see if they can suspend it for 2 months.
but i can think of..
1) cancel the insurance
2) apply for another insurance effective from your return date, cancel the existing insurance.
3) take min liability only
4) see if they can suspend it for 2 months.
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Sushana
01-15 11:52 AM
transfer of H1 will work. Enjoy
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
thomachan72
05-21 01:33 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
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ksvreg
07-19 02:40 PM
My I-140 approved. Based on the July 2007 Visa Bulletin revision threat on June 30th, I have prepared and submitted I-485 package with all necessary documents along with approved I-140 copy. I sent the package to Nebraska Service Center and it reached on July 2nd. In the last minute, my company also submitted the I-485 package. My company sent the package on July 1st and reached on July 2nd at Texas Service Center. This was happened due to some communication gap between my company and me.
My questions are:
1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
2. Will they reject one of the package? If so, which one will be returned?
3. Is it possible to withdraw one of the package?
My questions are:
1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
2. Will they reject one of the package? If so, which one will be returned?
3. Is it possible to withdraw one of the package?
more...
vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
martinvisalaw
09-28 09:49 PM
Your mother must rely on the I-94 and file an extension if she wants to stay more than 3 months. The extension can be filed any time before the I-94 expires.
more...
SGP
12-06 11:29 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?
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chanduv23
11-02 12:38 PM
Thanks. Basically we are trying our options and chances to see if it is possible to work towards a fellowship based on the current restrogressed scenerio. Would any of them have handled such scenerios, I guess Khanna's office would be best option ??? Stephen Perlitsh seems to have answers to all kinds of questions but he is difficult to access.
Thanks for the guidance
Thanks for the guidance
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AmericanDreamZ
10-19 01:36 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
hair earned the Gold Star Award
Blog Feeds
11-18 02:50 AM
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
more...
raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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vennella
06-18 02:46 PM
Thank you frostrated for your reply!
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
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xyz
06-17 07:22 PM
Should you get immunizations done *before* you met the Dr?
If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.
If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.
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vin13
01-30 08:52 AM
H1 getting cancelled should not affect your Green Card.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
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jthomas
03-30 02:38 PM
My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
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eb3retro
05-25 08:29 AM
My opinion - Check this with a lawyer. Seems to be complicated. Not sure if there is anything against the law done by you /your company (that affects you). Thats why the need for a good lawyer to understand the details in the case. All the best!!!
more...
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Waitingnvain
10-23 05:15 PM
Hi Folks:
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
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sri@180
02-19 04:59 AM
Hi,
I am Indian citizen residence in USA.
In my appointment letter I saw State of Residence:Tamil Nadu.
I didnt select this option.How this information came to my appointment letter.:confused:
I selected the option before taking appointment.... Indian Citizen Residence in USA.
Is there any chance to change that.My appointment date is with in one week.
Do i have to call anybody regarding this.
Pls tell to me any other options regarding this.
I am Indian citizen residence in USA.
In my appointment letter I saw State of Residence:Tamil Nadu.
I didnt select this option.How this information came to my appointment letter.:confused:
I selected the option before taking appointment.... Indian Citizen Residence in USA.
Is there any chance to change that.My appointment date is with in one week.
Do i have to call anybody regarding this.
Pls tell to me any other options regarding this.
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wandmaker
11-24 08:32 PM
copsmart: Take an infopass appointment and explain your situation to infopass officer, s/he will be able to guide you. I personally think, you will have to refile your EAD and AP with strong cover letter, and remember to write DO NOT OPEN IN MAIL ROOM. It might have been the reason, why your last refiling might have been returned by USCIS mail room contractors. Do an infopass appointment before you resend your file.
gcbeku
08-12 11:43 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
bharol
08-21 10:10 AM
Anybody?
This is inexplicable.
2003 PD and waiting?
This sounds like injustice to me.
Although I got lucky and got my GC however I honestly wanted them to do it in the
order of Priority dates.
My best wishes are with everybody.
May everybody get his/her GC before Sep 30th.
This is inexplicable.
2003 PD and waiting?
This sounds like injustice to me.
Although I got lucky and got my GC however I honestly wanted them to do it in the
order of Priority dates.
My best wishes are with everybody.
May everybody get his/her GC before Sep 30th.
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