Tuesday, June 14, 2011
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crystal
03-30 10:53 AM
respone below
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
They will be on Adjustment of status after h4 expiry .
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)
I would appreciate some wisdom here.....
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
They will be on Adjustment of status after h4 expiry .
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)
I would appreciate some wisdom here.....
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gcdedo
05-25 06:40 PM
Does anybody have actual TEXT from Managers Amendment from Thomas?
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StuckInTheMuck
03-09 09:50 AM
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
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willIWill
10-22 01:09 PM
Singer,
Your case seems peculiar to the ones that is normally discussed in this forum. I would suggest you post your message in the "ask a lawyer" section. You might get a better response from an attorney who practices immigration law.
Hope all works out well for you.
Regards,
WIW
Your case seems peculiar to the ones that is normally discussed in this forum. I would suggest you post your message in the "ask a lawyer" section. You might get a better response from an attorney who practices immigration law.
Hope all works out well for you.
Regards,
WIW
more...
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nousername
10-09 04:01 PM
Thanks everyone for sharing your experience.. After reading your post I was much relaxed to use AP at SFO to reenter.
I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.
A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.
I just returned and immigration check went very smoothly. It took 30 mnts to get to the first IO (as couple of flights landed at the same time) . He asked me to go for the secondary inspection and I was out within 20 mnts tops. No questions asked, just asked to sit. My IO was normal but there was another female IO who was acting stuck up with others.
A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.
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gc_chahiye
07-13 12:51 AM
What do you think is this big news coming out in 24 hours or on Monday?
more...
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calboy78
08-10 01:38 AM
It needs action - not talk.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
more...
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nish
10-06 04:24 PM
Hi,
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
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cooldudesfo
09-11 12:38 PM
My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
more...
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brij523
11-12 04:02 PM
for the member who helps us complete our first century..
I change my membership from GA to TX. Where is my T-shirt?
I change my membership from GA to TX. Where is my T-shirt?
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andr.in
10-05 04:59 AM
Flash can crash too if you trace a bitmap and put the minimum area and color threshold values very small. It takes forever to trace 'em. And if you start doing something it crashes. :)
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
more...
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GC_Optimist
08-15 03:33 PM
I received my Receipts now for I-485.Is there any process to expedite AP while filing .(based on family death). I'm applying for it now.
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virtual55
04-18 09:02 AM
if you have both H1B and EAD they both are valid work authorizations and you can work with both of them as long as they are valid and AILA thinks that we can moonlight with EAD while working on H1B and they asked the same question to USCIS and also there is no way for USCIS to track if you are working on H1B and EAD as far I know.
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
more...
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stemcell
07-01 04:07 PM
1.As someone suggested trying for fellowship will skip all the steps to practice OBGYN unrestricted.Again these are very limited spots and usually one needs the right contacts for this IMO.
2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc
3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.
2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc
3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.
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abc
09-07 06:51 PM
Put the year also to get an idea.
more...
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Green06
08-22 07:54 PM
We really need more friends like you. Following link is for Bus voting from MN. Please vote and let us know if you will be intrested to go to the rally by bus.
http://immigrationvoice.org/forum/showthread.php?t=12599
Cheers:cool:
http://immigrationvoice.org/forum/showthread.php?t=12599
Cheers:cool:
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jnayar2006
05-29 12:43 PM
I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
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NO_Free_Rider
11-09 03:29 PM
What you received by mail is a courtesy notification that your case is approved, with the space for I-94 is blank. The original H1 Approval notice with I-94 will be sent to the lawyer. You may wait for a week or two.
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
dontcareanymore
05-12 12:51 PM
Does frankfurt require transit visa if some one is traveling to India if:
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
suaralph
10-22 09:50 PM
I guess all the EB2 june filers might get approvals rather than EB3 June..right??
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
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