simikishore
08-02 11:04 AM
I am in the same boat. Attorneys, Gurus and Experts...please advice on this.
Hi Attorneys and Experts,
My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.
I have following questions:
� if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.
� How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.
All I am just trying to get a knowledge of what is the law.
Hi Attorneys and Experts,
My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.
I have following questions:
� if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.
� How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.
All I am just trying to get a knowledge of what is the law.
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javadeveloper
07-21 08:13 PM
Hi
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.
smuggymba
08-12 02:51 PM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
what business man??...don't open an IT consultancy firm for chrissake. Please.
thanks
what business man??...don't open an IT consultancy firm for chrissake. Please.
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sdrblr
12-25 08:15 PM
"I lost the paystub" is crap. On the flip side what were you doing for the three months waiting for it?
Ask him to print the duplicate from your payroll system....this should not be an issue at all if he is not trying to hide anything.
There is a good chance that the visa officer will ask you to prove your legal status on H1 and you may have to do a lot of explaining about the change in status.
It just seems like something is not right here
Ask him to print the duplicate from your payroll system....this should not be an issue at all if he is not trying to hide anything.
There is a good chance that the visa officer will ask you to prove your legal status on H1 and you may have to do a lot of explaining about the change in status.
It just seems like something is not right here
more...
gc_discussion
02-27 10:15 PM
Now working on H1b, 8th year
PD: Oct 2005
I 140: approved
I 485: pending
AP, EAD: approved
I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.
I would appreciate replies.
PD: Oct 2005
I 140: approved
I 485: pending
AP, EAD: approved
I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.
I would appreciate replies.
H1b_to_GC
07-10 09:04 AM
Did you get an answer from your attorney?
Attorney confirmed that correction was made before final filing.
Also said that the Labor Certification was tied to my I-140 which also got approved.
Attorney confirmed that correction was made before final filing.
Also said that the Labor Certification was tied to my I-140 which also got approved.
more...
kpchal2
04-08 12:03 AM
so once your processing date is current, then no matter what (if your pd is current or not) they will start the Name Check process or will they wait until my PD is current to get started on the Name check process.
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guyfromsg
08-21 09:18 PM
You could travel out and enter into US using your old visa stamp assuming that you enter before your old visa stamp expires. However show the new approved I-797 H1B petition at port of entry and they MOSTLY will give you a new I-94 valid till the expiration of new I-797 approval.
That's wonderful news and thank you for that. Is there a benefit of getting a 1-94 upto the extended date, does 1-94 determine the visa validity not the actual visa stamp? Since I-94 is taken when exiting US the next entry requires visa stamp anyway?
Thanks again.
That's wonderful news and thank you for that. Is there a benefit of getting a 1-94 upto the extended date, does 1-94 determine the visa validity not the actual visa stamp? Since I-94 is taken when exiting US the next entry requires visa stamp anyway?
Thanks again.
more...
ita
11-01 01:44 PM
At the time of filing my application I just used one address.
Somehow I didn't know you could use Permanent address and current address.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
Somehow I didn't know you could use Permanent address and current address.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
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kowligi
07-28 12:33 AM
Guys,
I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)
1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)
2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?
2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
2b. Will they cancel her existing H4 visa right away as they issued her a H1?
The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.
3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?
4. Does anyone know how long the Visa Processing Times in Vancouver is?
Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.
Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.
Thanks in Advance!!!
I need your advice in this Regard. My wife is currently on an H-4 Visa (valid until June 2009) and she got her H1 petition approved yesterday. While applying for her H1 this Apr 2008 she was not in USA as she was in India at that time (she went to India for 4 months Feb-June 08). My questions are as below (in Bold)
1. I believe she should go to a US Consulate (we are thinking of going to Canada as we are Canadian Immigrants) before Oct 1, 2008 as she was not physically present in US when her H1 was being filed (correct me if I am wrong here)
2. She is planning to go to the US consulate in Vancouver in Sep 08 to get her H1 Stamped. So let�s say she goes on sep 3rd to attend the Visa Interview and gets her H1 stamped, when does the H1 visa validity actually start?
2a. Will the H1 visa validity start right away or in the last week of Sep? (I am guessing last week of sep..correct me if I am wrong)
2b. Will they cancel her existing H4 visa right away as they issued her a H1?
The reason I ask this, if her Visa Validity starts at the end of Sep can she come back to US on her existing H4 after she attends the H1 interview in the first week of sep.
3. I read in a previous post here that while your H1 processing is going on it is not advisable to travel out of US with H1 receipt number and no approval. As stated above my wife did travel from Feb 08 (before the H1 was filed in Apr 08) to June 08. We got the H1 B approval on July 27, 2008. So does this hamper her chances for getting her Visa Stamped when attending her Visa Interview in Vancouver?
4. Does anyone know how long the Visa Processing Times in Vancouver is?
Can the gurus or people who have faced similar situation please answer my queries above as I need to do the necessary ASAP.
Sorry if these questions are being repetitive as I was not able to find the relevant thread for my answers.
Thanks in Advance!!!
more...
MYGC2008
02-25 02:57 PM
Transit Visa is Not Required in Frankfurt. Infact I had renewed passport with all pages blank. At the transit one officer asked me On what Visa are you travelling to US?
I said I have Advance Parole.That's all. The Officers are nice and friendly. They know it.
Infact I visited German Consulate at BOSTON before travelling. The Consulate General was extreemly good and told me "Not to waste money on transit visa"
I said I have Advance Parole.That's all. The Officers are nice and friendly. They know it.
Infact I visited German Consulate at BOSTON before travelling. The Consulate General was extreemly good and told me "Not to waste money on transit visa"
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chanduv23
08-25 11:00 AM
I was pleased to learn about this web site. Here's how DHS describes the TRIP program: The Department of Homeland Security�s Travel Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs--like airports and train stations--or crossing U.S. borders, including: denied or delayed airline boarding denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint continuously referred to additional (secondary) screening Why DHS TRIP? DHS TRIP is a central gateway to address...
More... (http://blogs.ilw.com/gregsiskind/2009/08/dhs-provides-online-complaint-system-for-travelers-experiencing-entry-problems.html)
They are atleast doing something to address this.
More... (http://blogs.ilw.com/gregsiskind/2009/08/dhs-provides-online-complaint-system-for-travelers-experiencing-entry-problems.html)
They are atleast doing something to address this.
more...
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srikondoji
07-05 01:20 PM
Go on a plane to cuba and come back on a boat to get fast track citizenship?
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nonimmi
01-28 03:32 PM
http://www.ed.gov/rschstat/eval/rehab/support/doc-soc.xls
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chinna888
10-30 12:32 PM
No.
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arihant
03-14 12:54 PM
Did IV and/or QGA or anyone else attend this event? if so, do you have an update for the rest of us? Thanks a lot.
more...
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Guitar
12-07 01:18 AM
Hi Members,
I am pretty new to the forum. I thought you must be helpful answering my questions because attorneys in my company provided are not helpful.
My attorneys filed Labor with the missing job information like in the allien job experience section. i saw the the current job start date is wrong then the job 2 is put with the wrong dates. Job 3 is not there. I got a audit as ******** is my attorney as special audit. when I contacted they said its electronically filed then can't change. They will take care in later stage.Then THE LABOR IS CERTIFIED. Now I see nothing has been taken care. they are filing I-140.
Now my question is if i get RFE in I-140 in future and I send the experience letters obviously which will be different date( as labor is approved with aliens wrong info in experince).
PLEASE members let me know the complication.. am getting really worried..Let me know what to do.
I am pretty new to the forum. I thought you must be helpful answering my questions because attorneys in my company provided are not helpful.
My attorneys filed Labor with the missing job information like in the allien job experience section. i saw the the current job start date is wrong then the job 2 is put with the wrong dates. Job 3 is not there. I got a audit as ******** is my attorney as special audit. when I contacted they said its electronically filed then can't change. They will take care in later stage.Then THE LABOR IS CERTIFIED. Now I see nothing has been taken care. they are filing I-140.
Now my question is if i get RFE in I-140 in future and I send the experience letters obviously which will be different date( as labor is approved with aliens wrong info in experince).
PLEASE members let me know the complication.. am getting really worried..Let me know what to do.
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TomPlate
07-10 01:22 PM
My company want to be neutral. They don't want me to join in the plaintiff. Best would be AILA talking to the company and asking their help.
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goel_ar
12-14 03:47 PM
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ujjvalkoul
07-06 10:23 AM
Please suggest on this I-140 RFE by USCIS:
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
sanjeev_2004
08-13 05:19 PM
Hi,
I went to infopass inquiry today. Immigration agent told me on counter that my I485 is in final review stage and you don�t have to worry about I140. You can receive your GC very soon.
I filed I485 based on pending I140 with PD Jun 2004 and this is still pending. My other I180 that is approved has PD March 2008. Agent also told me that I should forget about I140 and PD. I485 cannot in Final stage if I140 is not clear. He told you should not worry about PD also because I485 cannot be in final review stage if there is PD issue.
My I485 is in EB2 category and currently USCIS is processing the cases with PD 2005 or less.
Can some please explain me that what does the Final Review stage means? Is that mean I will get GC pretty soon even my I140 and PD combination is not approved/ current.
Thanks.
I went to infopass inquiry today. Immigration agent told me on counter that my I485 is in final review stage and you don�t have to worry about I140. You can receive your GC very soon.
I filed I485 based on pending I140 with PD Jun 2004 and this is still pending. My other I180 that is approved has PD March 2008. Agent also told me that I should forget about I140 and PD. I485 cannot in Final stage if I140 is not clear. He told you should not worry about PD also because I485 cannot be in final review stage if there is PD issue.
My I485 is in EB2 category and currently USCIS is processing the cases with PD 2005 or less.
Can some please explain me that what does the Final Review stage means? Is that mean I will get GC pretty soon even my I140 and PD combination is not approved/ current.
Thanks.
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