mailmy_gc
05-19 03:33 PM
hi
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
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lecter
April 22nd, 2004, 07:16 PM
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waitin_toolong
07-18 01:34 PM
your wife is fine, with H1 transfer there is no need to file H4 transfer. She is not out of status.
If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.
And no issues with filing I-485
If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.
And no issues with filing I-485
more...
shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
gc_bulgaria
09-26 01:29 PM
Questions: :confused:
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
more...
lj_rr
05-11 02:23 PM
Hi,
My confirmation receipt says.
Please mail in any supporting documentation to this address:
US Mail:
Attn: E-Filed I-765
USCIS Nebraska Service Center
P.O. Box 87373
Should this be send by USPS or Fedex. What did you guys do?
My confirmation receipt says.
Please mail in any supporting documentation to this address:
US Mail:
Attn: E-Filed I-765
USCIS Nebraska Service Center
P.O. Box 87373
Should this be send by USPS or Fedex. What did you guys do?
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greencard_fever
08-08 01:01 PM
Folks,
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
more...
davidk
02-16 08:41 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
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peer123
12-04 03:29 PM
Hi all,
I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.
I started working in Aug 1996 and continued my studies and finished it by mid 1997.
Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.
If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.
What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.
My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.
I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.
I started working in Aug 1996 and continued my studies and finished it by mid 1997.
Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.
If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.
What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.
My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.
more...
gcformeornot
08-08 09:59 AM
^^^^^^^^^bump^^^^^^^^^
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bauchermark
08-19 12:53 AM
I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?
Thanks for your help. I pray no one should go thru these type of issues in thier life.
Thanks for your help. I pray no one should go thru these type of issues in thier life.
more...
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martinvisalaw
04-06 12:52 PM
Can any lawyer confirm this, please? Thanks so much!!!
It is unlikely that your husband will have a problem. As another poster said, he just needs to show that he is maintaining H-1B status. A very difficult CIS officer could take the view that he is not maintaining status if he is not being paid the prevailing wage. However, that is very unlikely. Underpaying an employee is an employer violation, not an employee violation.
It is unlikely that your husband will have a problem. As another poster said, he just needs to show that he is maintaining H-1B status. A very difficult CIS officer could take the view that he is not maintaining status if he is not being paid the prevailing wage. However, that is very unlikely. Underpaying an employee is an employer violation, not an employee violation.
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WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
more...
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javadeveloper
03-28 06:34 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
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ttdam
10-22 03:38 PM
I got the receipt #s from back of the checks.
EAD & AP pending with VSC, 485 transferred back to TSC
EAD & AP pending with VSC, 485 transferred back to TSC
more...
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greatzolin
09-28 05:30 PM
Q : Will this affect my ability to travel?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
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RNGC
02-09 05:23 PM
Hello NC-ians,
I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?
Please share your experience.
Thanks,
I recently moved to NC, Used AP to for travel and the stamp in the I-94 says AP valid till May 2009, Have a approved I-797 H1 till 2011, also have EAD valid till 2010, what do they need to issue new license from outofstate person ?
Please share your experience.
Thanks,
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n_2006
07-23 03:39 PM
Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?
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.
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.
trivial science
12-09 05:34 PM
Hi there,
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
edaltsis
11-13 01:49 PM
That is not a problem at all. You can apply for EAD renewal as long as your AOS pending (i.e., I-485).
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