harikb
01-04 07:04 PM
Hello guys,
I came to US to pursue masters, and have started working on H1b while working on my thesis in parallel. Meanwhile my advisor did not get his tenure approved, and had to leave the university. So I had to abandon my thesis work, and had to register for extra courses. My employer and the client I work for are okay to let me go to university for 2 months, but my employer did not pay me for the period (no paystubs for this period). So my year-end wages fell short of the LCA amount.
I know that unpaid leave is not legal while on bench, but since I took the leave while I was actually on a project, does anybody think mine is a genuine case, if there is any such thing??
I am looking to go for stamping, and is really urgent
guys please reply
Hari
I came to US to pursue masters, and have started working on H1b while working on my thesis in parallel. Meanwhile my advisor did not get his tenure approved, and had to leave the university. So I had to abandon my thesis work, and had to register for extra courses. My employer and the client I work for are okay to let me go to university for 2 months, but my employer did not pay me for the period (no paystubs for this period). So my year-end wages fell short of the LCA amount.
I know that unpaid leave is not legal while on bench, but since I took the leave while I was actually on a project, does anybody think mine is a genuine case, if there is any such thing??
I am looking to go for stamping, and is really urgent
guys please reply
Hari
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rkumar28
02-19 09:32 AM
Attorneys....Would appreciate any advice on this....
Thanks
Thanks
jaune
03-28 01:18 PM
Hi
While parents apply for a tourist visa, in DS-156 where it says "who will pay for the trip", if they mention "self" do we still have to send an Affidavit of Support.
Secondly, do they have to show sufficient cash in their bank account for the trip or will investment proof be ok.
Thirdly, our extended visa is expiring 28thApr'07 & we've applied for renewal in feb'07. We have n't received the receipt yet. Will our current visa copy be sufficient ?
Thanks
While parents apply for a tourist visa, in DS-156 where it says "who will pay for the trip", if they mention "self" do we still have to send an Affidavit of Support.
Secondly, do they have to show sufficient cash in their bank account for the trip or will investment proof be ok.
Thirdly, our extended visa is expiring 28thApr'07 & we've applied for renewal in feb'07. We have n't received the receipt yet. Will our current visa copy be sufficient ?
Thanks
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aug2007
03-22 01:03 PM
While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.
My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.
I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.
1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?
Thanks in advance for your guidance.
My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.
I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.
1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?
Thanks in advance for your guidance.
more...
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.
dreamgc_real
04-28 09:35 AM
Hello,
My original H1B visa was issued to me on Oct 1st, 2010 and is valid till Sep 30th 2010.
I got a new job in 2009 and they applied for my H1 transfer. It was approved and the new dates on the new I797 are 10/01/2009 till 09/17/2012. I went to India after that and when I returned, I got a new I-94 off course which was stamped to be valid until Sep 30th 2010.
Now I am nearing the end of my original H1B visa issued by my previous employer and stamped on my passport this coming October. I am also planning to go to India in this coming June. Will I will have to get my visa renewal stamping done this time if I go to India? Will I need a new H1B stamp on my passport from my new employer on my passport to come back?
I really appreciate any words of wisdom from all you learned people on this forum. Thanks in advance!
-Jatin
You probably have to get your passport stamped for visa renewal.
My original H1B visa was issued to me on Oct 1st, 2010 and is valid till Sep 30th 2010.
I got a new job in 2009 and they applied for my H1 transfer. It was approved and the new dates on the new I797 are 10/01/2009 till 09/17/2012. I went to India after that and when I returned, I got a new I-94 off course which was stamped to be valid until Sep 30th 2010.
Now I am nearing the end of my original H1B visa issued by my previous employer and stamped on my passport this coming October. I am also planning to go to India in this coming June. Will I will have to get my visa renewal stamping done this time if I go to India? Will I need a new H1B stamp on my passport from my new employer on my passport to come back?
I really appreciate any words of wisdom from all you learned people on this forum. Thanks in advance!
-Jatin
You probably have to get your passport stamped for visa renewal.
more...
diptam
09-09 01:48 PM
Folks,
I did not face this problem because i had a physical Birth Certificate here at US and i Notarized it by American Notary ( Bank of America ) before sending for 485 last July 07
Now for my wife the birth Certificate is physically at India - my father in law is feeling nervous to send the Original by Post - you know how tough it is to get another original BC at India unlike USA where my son has 4-5 original BC for 50 bucks :)
So i was wondering if a Notarization from India would work for 485 purpose ?
Thanks much!
I did not face this problem because i had a physical Birth Certificate here at US and i Notarized it by American Notary ( Bank of America ) before sending for 485 last July 07
Now for my wife the birth Certificate is physically at India - my father in law is feeling nervous to send the Original by Post - you know how tough it is to get another original BC at India unlike USA where my son has 4-5 original BC for 50 bucks :)
So i was wondering if a Notarization from India would work for 485 purpose ?
Thanks much!
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syzygy
08-02 08:50 PM
People who get labor approved in August, can they avail current window provided by USCIS and concurrently file 140/485?
Thanks for replies
Same thing happened with me - My labor was approved from Phily BEC on Mar 16th 07 and my company kept saying that didn't receive anything till Apr 16th 07...
Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.
Eventually my company received the Labor papers on May 7th 07....
Hope this story helps.
Diptam
Thanks for replies
Same thing happened with me - My labor was approved from Phily BEC on Mar 16th 07 and my company kept saying that didn't receive anything till Apr 16th 07...
Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.
Eventually my company received the Labor papers on May 7th 07....
Hope this story helps.
Diptam
more...
pappu
11-02 11:46 AM
Since we are uncertain of our job as well as status in USA,
is it really worth to save on 401K? More input will be appreciateI.
I started a discussion on this subject
http://immigrationvoice.org/forum/showthread.php?t=2137
to have all related useful information in one place.
is it really worth to save on 401K? More input will be appreciateI.
I started a discussion on this subject
http://immigrationvoice.org/forum/showthread.php?t=2137
to have all related useful information in one place.
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sam5
07-30 05:51 PM
I am going to complete my 6th year on H-1b, this year end. My I 140 is cleared and I am going to file for 3 years extension. In the beginning of this year, for 3 months pay stubs are not run, due to some personal reasons. Will this affect my renewal of H1. We need to submit 3 pay stubs, before applying for extension. There will be a shortfall of YTD, when compared to actual. Please share your thoughts, who have clear understanding on these. thanking you.
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njboy
12-26 09:21 AM
we are all here for a little green square..its not green colored any longer, and is more rectangular than a square..its called a permanent resident card..
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chinta_ramesh
08-26 04:05 PM
Should be TRUE...as USCIS can use the SPILL OVER VISA # only in last month ...!!!
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gcisadawg
12-23 09:00 PM
169000 out of estimated 12 million is actually more than 100 times what you show it as 0.01%. It is close to 1.4%.
He got his quotient right but forgot to multiply it by 100 to convert that into a percentage!
He got his quotient right but forgot to multiply it by 100 to convert that into a percentage!
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IneedAllGreen
12-11 01:05 PM
Whereas appeal to I-140 is 21 month delay so I assume that I-140 will take its own sweet time. But What about appeal to I-485 which is current. Am I going to get any response on I-485 appeal process soon?? Anyway thanks for sharing your experience with me.
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
more...
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sanan
06-15 08:53 AM
I would do it separately
Good Luck
Hi All,
I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.
With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.
I have question that which one is best option to file dependet's AOS?
Submit dependent's AOS with evidences to RFE ? Means in same cover?
or
Submit dependent's AOS and evidences to RFE separatley?
Please advise.
thanks
vali
Good Luck
Hi All,
I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.
With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.
I have question that which one is best option to file dependet's AOS?
Submit dependent's AOS with evidences to RFE ? Means in same cover?
or
Submit dependent's AOS and evidences to RFE separatley?
Please advise.
thanks
vali
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topgun_gc
07-11 11:01 AM
A similar statement is mentioned on immigration-law.com.. not sure the validity, but sounds interesting.:)
more...
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vivache
09-28 11:24 AM
I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
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tdasara
06-02 10:48 AM
I had the same problem last year. I gave up..
I opened Service requests and was told will get a new EAD for 2 years 3 different times and was told to wait for 45 days each time!!!
Finally it was time to apply for a new EAD and I hope to get one for 2 years this time around!
I opened Service requests and was told will get a new EAD for 2 years 3 different times and was told to wait for 45 days each time!!!
Finally it was time to apply for a new EAD and I hope to get one for 2 years this time around!
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amitga
01-15 09:18 PM
Atleast they should allow that.
vin13
03-03 02:31 PM
I think what they are saying is that after 150 days and no FBI clearance, then they are introducting an additional request and FBI will direct USCIS whether to approve the case even without clearance.
If all these communications back and forth happens in a timely manner then it may not be too bad.
Note:They are saying that most of the FBI name checks are being processed within 90 days.
Hopefully this is not going to be a major issue.
If all these communications back and forth happens in a timely manner then it may not be too bad.
Note:They are saying that most of the FBI name checks are being processed within 90 days.
Hopefully this is not going to be a major issue.
PHANI_TAVVALA
11-11 11:07 AM
F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.
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