LostInGCProcess
09-02 10:40 AM
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).
dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
jaggu bhai
07-27 12:04 PM
LongGCQ
Thanks to share ur experience and knowledge.
Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
smaller colleges are easy to get results.
We wanted to utilise OPT in the future, so we may have to incline towards F1!!!
Thanks to share ur experience and knowledge.
Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
smaller colleges are easy to get results.
We wanted to utilise OPT in the future, so we may have to incline towards F1!!!
USDream2Dust
10-15 06:53 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
I would relax now and be happy about not getting another RFE in short time.
I would relax now and be happy about not getting another RFE in short time.
more...
reddog
04-24 03:07 PM
To avoid the RFE, will it be okay to get registered at the local county in US?
I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL
If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.
If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
OR
you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).
I think during the time of economic recession, USCIS is trying to help survive the immigration lawyers,. At present there are less cases of new H1B as the quote is still open. My lawyer sends me some past invoices in between. LOL
If you are not married, Yes, you can get married in the US, however, you will have to register the marriage in your home country if both of you are non-citizens.
If you get married in accordance with the Hindu rituals, you will need a Memorandum of Marriage to get a certificate. the form might vary from state to state or even jurisdictions.
OR
you can set up a date with your marriage court and get married in court, that is called a legal marriage(registered marriage).
go_guy123
10-05 03:06 PM
Very good list of people in IV board...it will help to bring visibility.
I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.
I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.
more...
Brasco
January 28th, 2008, 04:29 PM
It's actually a myth that a longer lens requires a higher aperture. For the same framing, you get the same DOF (Depth Of Field) for the same aperture, whether you use a 600mm telephoto lens or a 4.5mm ultra-fisheye. - Mats
You are technically correct of course, but for practical purposes, if Shannon's primary goal is trying to capture a good depth of field of a child running around, and based on Shannon's comment about the willingness to crop, DOF will be easier to achieve with a wider lens.
Having said that, it was good for you to provide the rest of the story as it may be the basis of decisioning as the skills improve.
You are technically correct of course, but for practical purposes, if Shannon's primary goal is trying to capture a good depth of field of a child running around, and based on Shannon's comment about the willingness to crop, DOF will be easier to achieve with a wider lens.
Having said that, it was good for you to provide the rest of the story as it may be the basis of decisioning as the skills improve.
Lasantha
03-18 04:10 PM
Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
more...
gc_on_demand
03-17 10:40 AM
Even I have received the RFEs as well on pending I-485 cases for me and my wife. My PD is Mar 2005. I am also wondering about the RFEs. I'll share mine as soon as I get those.
update profile first and help community..
update profile first and help community..
derekjbj
09-16 07:39 PM
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
more...
anand2007
07-16 10:11 PM
you can't file 2 concurrent i-485's with same names. But, on your AOS/485 application your spouse can be listed as beneficiary and Your spouse in her applications need to choose consular processing while filing I-140 or vice versa.this way you can use the best of both applications.
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
kanta80
04-05 11:39 AM
Thank you very very much, sertasheep. I really appreciate your help.
more...
ajay
03-10 03:31 PM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
vin13
09-30 03:37 PM
If your last FP was more than 15 months ago, then write to local congressman, that usually works.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
more...
alterego
07-08 05:12 PM
Is that all he said? I wonder why he did not say they should be screened for their skin color, their Shakespearean English and BTW all the applications of legal residents and naturalized Citizens here who are non Europeans ought to be revisited to ensure they fit the new criteria. Perhaps actually saying that would have been too politically incorrect.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.
The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.
vallabhu
12-20 11:13 AM
Does she have valid visa stamped on passport for the day she is landing in US?
more...
vallabhu
04-26 02:17 PM
I guess we would have , as we are not leaving but chose to live with the problems.
Hewa
07-31 04:51 PM
Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).
This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
Immigstories
01-11 01:32 PM
Gurus
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.
I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:
1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?
2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.
I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.
I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:
1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?
2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.
I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
Thanks
go_guy123
12-28 10:14 AM
The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...
More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)
These are the kind of poison pills that derailed previous CIRs.
Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
The business community as well as skilled immigrants start opposing the CIR and it
comes crashing.
More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)
These are the kind of poison pills that derailed previous CIRs.
Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
The business community as well as skilled immigrants start opposing the CIR and it
comes crashing.
tnite
07-19 10:18 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
Tidak ada komentar:
Posting Komentar