rockstart
05-05 10:14 AM
I agree with your lawyers statement. She will not be counted against the quota because she already has H1. Also I would recommend premium processing when she gets a job.
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
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indianabacklog
07-31 12:22 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
koppula09
01-04 12:51 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
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sunny1000
01-14 04:14 PM
I posted this on another thread:
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org
You can choose "International response fund" for Red cross donations so that the money goes to Haiti relief effort or text "Haiti" to 90999 from your cell phone (the previous poster mentioned).
You can mention "Haiti Relief" in the "specific purpose" column for Salvation Army. You can use paypal also.
I donated to both. Please donate as soon as possible.
Thanks.
American Red Cross (http://www.redcross.org)
www.salvationarmyusa.org
You can choose "International response fund" for Red cross donations so that the money goes to Haiti relief effort or text "Haiti" to 90999 from your cell phone (the previous poster mentioned).
You can mention "Haiti Relief" in the "specific purpose" column for Salvation Army. You can use paypal also.
I donated to both. Please donate as soon as possible.
Thanks.
more...
conchshell
04-24 08:22 AM
Breaking news on http://www.immigration-law.com :
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"
* This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.
Does anyone has more insight to this. What we at IV can contribute to this hearing?
This is the official link on the website:
http://judiciary.house.gov/oversight.aspx?ID=435
skd
07-19 12:20 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Is Tax Return for last 3 years is required document ?
more...
desi3933
01-23 01:18 PM
....
Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
....
.....
Please provide following details -
1. H1 (and I-94) validity dates
2. Date of filing for EAD and I-485
3. Date of EAD approval
____________________
Not a legal advice.
US Citizen of Indian Origin
Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
....
.....
Please provide following details -
1. H1 (and I-94) validity dates
2. Date of filing for EAD and I-485
3. Date of EAD approval
____________________
Not a legal advice.
US Citizen of Indian Origin
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ganguteli
04-23 09:24 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Dude,
Stop having a fake profile with fake dates.
Fill a correct profile or not have any date in your profile.
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Current GC Processing Stage
N/A
Priority Date
Before 2000
Green Card Category
EB2
Nationality
India
Country of Chargeability
India
Service Center
California
Labor Type
Regular
Perm Center
Atlanta
Labor Approval Date
01/04/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
08/02/2004
I140 Filing Type
Regular
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
Application Status
Approved
I485 Approval Date
08/06/2006
more...
indio0617
07-11 02:22 PM
/\/\/\/\/\
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rajpatelemail
12-09 05:43 PM
yeah
this guy can not even dare to reveal id....
pity pity....
To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.
Comments and reds are very much fine and apprciated... No issues.
So that we can learn from others comments.
But Revealing ID is very very important.
see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.
this guy can not even dare to reveal id....
pity pity....
To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.
Comments and reds are very much fine and apprciated... No issues.
So that we can learn from others comments.
But Revealing ID is very very important.
see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.
more...
siravi
11-23 10:22 AM
nihar,
a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)
1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.
a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)
1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.
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gc28262
04-19 09:59 PM
I had the same issue. Still awaiting my AP which was applied in Nov 2008.
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
After sending the documents as mentioned above ( NO Fee ), I got my AP document on March 6, 2009 via Fedex. ( I never sent any fedex fee :)).
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
After sending the documents as mentioned above ( NO Fee ), I got my AP document on March 6, 2009 via Fedex. ( I never sent any fedex fee :)).
more...
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Kodi
06-08 08:07 AM
What is a status quo?
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morchu
04-23 12:32 PM
Do not assume things. I had waited for my LC approval more than probably the time you spend in college. So dont even go there. Anyway I chose to remain anonymous, and I will remove all details from my profile.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
Dude,
You say you got your Labor from Atlanta in 01/04/2004 approved. Perm was not even there in 2004.
more...
pictures Widescreen Nature Scene
Hong12
12-15 12:14 AM
Thank you very much for your quick response. That is very sad though I would ask my lawyer to resubmit the application. My original document is with me in order to apply for H1 Visa at the Consular. At this point, I would send the original document back to my lawyer and ask him to do the premium process on my application. Another issue is that he refused to pay for the premium filing fee. He said that he would suggest me to find another lawyer in the case that he had to pay for my premium filing fee. He did not show any responsibilities on anything. Pls advise what I should do.
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eastindia
09-27 12:43 PM
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
Ideas are like a**holes. Everybody as got one. :D
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
Ideas are like a**holes. Everybody as got one. :D
more...
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prom2
10-30 09:58 PM
People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?
Oh, I understand. You are right.
Oh, I understand. You are right.
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ss1026
02-07 12:44 AM
The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
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bytegame
07-17 04:14 PM
Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.
Again, pl. contribute!!
Again, pl. contribute!!
techskill
01-29 05:48 PM
Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?
PlainSpeak
02-25 03:34 PM
A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
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