immigrationaccount
08-14 02:12 PM
As per the new visa bulletin, my PD (Mar/26/2006) goes current from 1/September.
My husband is the primary applicant on the case with me and son as dependents.
485s submitted in Sep/2007. We received RFE for my son application and replied, we received update from USCIS that it reached them in July/2009.
USCIS web case status shows 'initial review' for me and my husband, 'RFE response review' for my son.
As we filed together, does this mean that all three applications were processed and RFE was required only for my son?
Thanks for all your inputs, being a great help.
My husband is the primary applicant on the case with me and son as dependents.
485s submitted in Sep/2007. We received RFE for my son application and replied, we received update from USCIS that it reached them in July/2009.
USCIS web case status shows 'initial review' for me and my husband, 'RFE response review' for my son.
As we filed together, does this mean that all three applications were processed and RFE was required only for my son?
Thanks for all your inputs, being a great help.
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
sertasheep
07-01 10:36 AM
As far as I recollect, the Murthy article was about the spouse(dependent) receiving a GC (as part of a derivative spousal application) when his/her spouse(primary beneficiary)'s PD or her PD was not yet current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
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vinabath
07-23 03:23 PM
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
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ssdtm
12-12 04:10 PM
Depends on when you sent your H1 renewal application. If you expect the approval by Jan, then you can wait as you can get at least 3 yrs of DL (p.s. - some states give DL beyond the visa expiry date)
Otherwise, use EAD to get DL for 2 yrs.
Otherwise, use EAD to get DL for 2 yrs.
krishna_brc
12-05 04:25 PM
:confused:Here is another scenario -
485 filed 1 year back and have been working with the GC sponsoring employer since then ( on H1, did not use EAD).
Employer is not going to revoke approved I-140 even if i change Job/H1.
Now, can i use Advance Parole to travel while working for the new employer on a new H1?
Your inputs are highly appreciated.
Thanks,
Krishna
485 filed 1 year back and have been working with the GC sponsoring employer since then ( on H1, did not use EAD).
Employer is not going to revoke approved I-140 even if i change Job/H1.
Now, can i use Advance Parole to travel while working for the new employer on a new H1?
Your inputs are highly appreciated.
Thanks,
Krishna
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manderson
03-04 10:47 AM
i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
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h1vegas
06-30 10:47 AM
AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
Also why are you concerned whether they know or not?
Before that she was on H-4, I am still on H-1B
Also why are you concerned whether they know or not?
Before that she was on H-4, I am still on H-1B
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coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
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wkhalifa
05-19 05:58 PM
hi can any one help me i have i-140 notice 10/22/07 and up till now i can not track it online every time i try the respond is th rn is not correct my employer called couple of times and every thim they till him it is a problem in the system and they sent sr but no thing done is there other cases like me ? what i should do ?
thanks
lc eb3 11/06
i-140 10/07
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i-140 10/07
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chacha
03-21 11:21 AM
Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)
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madhu345
03-28 02:30 PM
Core Team please advice.
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rsayed
02-21 03:38 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
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gsk0422
07-01 10:39 AM
Hey, my friend just got admission in a college and since she is not a US citizen or permanent resident. So, she needed a co-signer who is one but unfortunetly she couldnt get one cuz no one other then your own family member will trust u and sign and affidavit or co-sign a loan. Now her aunt who came with her husband on his work visa,been living for 9 yrs, recetly went out of status(I dont know the reason as its personal) has bank account and of course some savings. So my friend's aunt signed the Affidavit for my friend that was required by the university in order to process the student visa. Now after the application is filed, my friend is worried and maybe you can help her answer the questions. Her english isnt so good so Im going this for her(thu mine is bad too :)
-I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!
-I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!
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pictures IPHONE 3G/3GS, IPOD TOUCH
shivakmr
08-09 03:11 PM
Jasmin45---------> Dont waste your time by giving this kind of suggestion....we are not looking for this answer at this point of time.
From the point of BEC this is the right area..........
Immigration Voice > Labor Certification Stage > Backlog Processing Center
and if u still have a problem with that..........move it urself.
From the point of BEC this is the right area..........
Immigration Voice > Labor Certification Stage > Backlog Processing Center
and if u still have a problem with that..........move it urself.
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QuickGreenCard
04-27 07:23 PM
Hi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
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BharatPremi
10-10 05:25 PM
/\/\/\/\/\
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tdasara
03-19 08:34 PM
Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21
My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.
Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?
(My role is strictly IT related and also assist in Data Analytics).
My immigration lawyer is yet to respond.
My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.
Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?
(My role is strictly IT related and also assist in Data Analytics).
My immigration lawyer is yet to respond.
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sundarpn
06-08 02:38 PM
I am sure IV has thought about this...
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
user9
07-25 10:54 AM
Guys,
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
smuggymba
05-20 11:04 AM
Thank you Rahul..
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?
Thanks
The HR should ask you for the authorization before joining or when you do the HR paperwork. They might be assuming you're a US Citizen.
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?
Thanks
The HR should ask you for the authorization before joining or when you do the HR paperwork. They might be assuming you're a US Citizen.
