okuzmin
06-04 08:16 PM
I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.
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bugsbunny
03-24 03:29 PM
i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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smartboy75
11-01 07:00 PM
Depends on the availability of visa numbers at the time of applying for H1 extension...Had you applied for your H1 extension during July17 - Aug17 when dates were 'C'..you are right...you would have got a 1 year extension....
But if you are from a retrogessed country, then even though you have filed for I-485, there is no visa number available and hence you are eligible for 3 year extension...
I am assuming you are from either IN/CH/MX/PH and that your PD is not current...
This is only my interpretation...Kindly consult with a lawyer...
But if you are from a retrogessed country, then even though you have filed for I-485, there is no visa number available and hence you are eligible for 3 year extension...
I am assuming you are from either IN/CH/MX/PH and that your PD is not current...
This is only my interpretation...Kindly consult with a lawyer...
more...
jasmine182
07-04 02:21 AM
Hello,
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
bskrishna
02-28 02:13 PM
Can some one in L1B apply for EB1? I thought only L1 A were eligible to apply in EB1....
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a_yaja
03-02 09:09 AM
Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
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austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
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kamand
01-04 11:41 PM
Hi,
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
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memyselfandus
07-27 12:08 AM
You will receive the receipit with-in 3 months or at worst in 6 months and then the medical report.
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AB1275
09-25 04:42 PM
Yes both are my posts.....
My concern is what kind of an RFE is this? Is it serious?
My concern is what kind of an RFE is this? Is it serious?
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k_confused
08-16 06:56 PM
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
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Anders �stberg
April 3rd, 2004, 01:27 AM
OK, I guess you're starting out with RAW (since you save as TIFF). In that case maybe you need to download an update to the RAW plugin from Adode, it fixes an EXIF problem.
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laksmi
11-11 08:22 PM
When the dates are current then only you can add your wife name to your pending 485, until then you have to wait based upon your priority dates EB1 or EB2, during this time you should maintain your H1B status inorder to keep you wife H4 status valid.
presently EB2 ---- 01 JUN 03 and EB3 ----->01 OCT 01
presently EB2 ---- 01 JUN 03 and EB3 ----->01 OCT 01
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elephant
06-18 05:25 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
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EB-VoiceImmigration
08-01 04:28 AM
In other words, even if your education equates to a US Master's degree, you will not qualify for EB2 classification unless the empolyer can show that the job duties of the position could not be successfully performed by anyone not possessing at least a Master's degree or its equivalent.
People(I'm not talking about thread starter.. but in general) simply think that they can file EB2 as they are over qualified for EB3 or their skills are superior etc. But they forgot the clause that their JOB(or more specifically Job duties) should also qualify for EB2.
Thanks Ruben for information.
People(I'm not talking about thread starter.. but in general) simply think that they can file EB2 as they are over qualified for EB3 or their skills are superior etc. But they forgot the clause that their JOB(or more specifically Job duties) should also qualify for EB2.
Thanks Ruben for information.
more...
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stephsh
01-18 06:20 AM
Im using Asp.net.
The button text consists of data I have imported from an SQL database through a web client. I assume I should then replace the html character codes in the SQL database with these unicode identifiers? Would that still work with ASP.NET-C#?
The button text consists of data I have imported from an SQL database through a web client. I assume I should then replace the html character codes in the SQL database with these unicode identifiers? Would that still work with ASP.NET-C#?
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gc_check
11-26 05:24 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
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NYImmigrant
12-08 01:10 PM
wow... $4 doesn't make anyone's blood boil. Only if USCIS had paid a little more, may be my case would be approved long time ago.
What say...
What say...
alejo6819
10-04 09:30 PM
We went there today, got done in 15 mins. Lots of parking space outside the office.
Thanks a lot for the info, bsnf.
The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.
Thanks a lot for the info, bsnf.
The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.
reachinus
08-14 01:26 PM
You are contradicting your statement - " H1 extension with CSC which was denied but I got a H1 approval notice", you say extension is denied but got approval notice. Approval for? Anyways, you have to ask the airlines to take the I-94, so that you can get a new one. Usually if you are going to Canada for less than 30 days they say that they will not take it. Either ask the airlines to take it or else when entering US explain ur situation to the IO and ask him to issue a new I-94. Hope this helps.
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