maheshf
03-19 11:45 PM
Gurus Here is my situation:
1) I am in my 4th year of H1-B still valid
2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
3) Have approved EAD and AP
4) My Current company was a joint version between company A-B . differnt name X
5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X
What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.
Please Advise
-Mahesh
1) I am in my 4th year of H1-B still valid
2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
3) Have approved EAD and AP
4) My Current company was a joint version between company A-B . differnt name X
5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X
What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.
Please Advise
-Mahesh
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
surabhi
06-03 09:54 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
From Ron Gotcher
http://www.immigration-information.com/forums/showthread.php?p=13499
He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
From Ron Gotcher
http://www.immigration-information.com/forums/showthread.php?p=13499
He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.
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vikki76
04-04 12:52 PM
ImmigrationVoice was exceeding character limits for handle
more...
go_guy123
10-08 10:29 AM
Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).
nrk
06-03 10:30 AM
Based on the numbers EB2 India should be in the range of Oct 2005 to Dec 2005 by September 2010
more...
ronhira
10-28 11:50 AM
anti immigrant troll alert
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gcfriend65
10-11 04:09 PM
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
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gc28262
08-16 01:10 PM
The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
Does this mean this memo is not legally binding to USCIS adjudicators ?
Is it a victory in disguise for plaintiffs ?
If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
Court says rule making need not be followed as this memo is not legally binding.
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kirupa
09-28 04:23 PM
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
more...
sab
11-01 07:44 PM
I am number 4.
Thanks for the info.
Thanks for the info.
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honge_kamyaab
10-02 09:13 AM
Did manager's amendment get approved with Border bill? What the course of action for manger's amendment.
Can someone throw some light on this.
Can someone throw some light on this.
more...
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senthil1
05-04 09:51 PM
Minimum 60 days after President signs. It could be more than 60 days mostly specified in bill
what date is it likely to take effect (become a law)?
what date is it likely to take effect (become a law)?
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iheartindia79
10-06 04:37 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
more...
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tnite
10-16 01:31 PM
Hi,
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I dont know of anything specific.But if it's a job designation of utmost importance at the state level then it might help in name check(I am not sure) but otherwise I dont think it makes any difference.
Just my 2 cents
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I dont know of anything specific.But if it's a job designation of utmost importance at the state level then it might help in name check(I am not sure) but otherwise I dont think it makes any difference.
Just my 2 cents
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krishgreen
01-11 10:48 PM
I don't have answer to your first question. But, I went to Matamoros, Mexico in May 2010 for visa stamping. I wouldn't suggest going to Mexico if you don't have a letter from Client specifying your role on the project with project duration. I was grilled for about 20mins even though I had client letter, w2's for last 5 years. I had to stay overnight in Mexico as they have problems with their printers and could notget the visa printing done the same day. Be prepared to stay in Mexico a day or two incase if you face the same situation.
more...
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gondalguru
07-19 11:07 PM
Just curious.
Who played what role in the reversal of USCIS/DOS decision?
Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?
May be all of the above had its unique impact on USCIS's decision to accept I-485?
Who played what role in the reversal of USCIS/DOS decision?
Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?
May be all of the above had its unique impact on USCIS's decision to accept I-485?
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username007
06-24 09:10 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
hairstyles All for California. Gold is
prasadn
02-04 05:04 PM
Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
vin13
03-23 10:00 AM
If your new employer is processing a H1 then you do not need EAD to initiate AC 21.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
archpai
12-07 10:24 PM
Hi,
I took my 2.5 year old to the FP.
The security officer did not ask anything about him.I was allowed to go with my son.There was no problem.
I took my 2.5 year old to the FP.
The security officer did not ask anything about him.I was allowed to go with my son.There was no problem.
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