sr123
02-15 10:43 AM
There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
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snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
jamesbond007
12-03 12:48 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.
Check to make sure the CPT from that university does not have any conditions on the type of employment you can take under it. And also check the number of hours you can work under that CPT - fulltime/parttime?.
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meridiani.planum
08-12 05:40 PM
if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.
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eb3_nepa
07-12 04:49 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
zCool
04-15 03:08 PM
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
-- No. Plenty of folks travel during AOS. Never heard need to update. They ask while applying coz last enter date before filing of AOS is important for identifying status and validity.
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
-- You may want to keep copy of I-94s for your purpose. it's a good practice regardless. But NO. there should not be issue with surrendering.
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
-- Folks can have trouble re-entering for any number of reasons. but having valid h1 visa and no AP isn't one of them.
Dear Friends:
I would appreciate if someone could answer these 3 questions for me:
As you know, when we submitted our 485 (AOS-EB) applications, we also submitted a copy of our most recent 1-94 card with it. This summer I will be leaving the US for 4 months, and on my port of exit will be surrendering the 1-94 card (a copy of which is with the USCIS). On return I will be receiving a fresh 1-94 card. Now my questions are:
(1)Do I have to re-send the new 1-94 card to the USCIS which I receive upon my return?
(2)Will surrendering the old 1-94 and getting a new one mess up my 485 record (in case those folks want to verify anything again)?
(3)Have you heard of anyone who has had trouble re-entering the US with a pending 485; valid H1B visa; and no advanced parole?
Kindly let me know; I have no attorney, and your input will be so appreciated. Thanks.
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diwa209
07-21 03:02 PM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
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nixstor
12-01 05:19 PM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.
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leoindiano
08-04 04:23 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
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girishvar
07-13 08:14 PM
Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
Thank you
I am in San Antonio, Texas
Thank you
I am in San Antonio, Texas
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potatoeater
05-10 10:43 PM
Don't do it. Its a trick!!! You will be run over by really big airplanes!! I mean really big!
there is a huge run way... Try to make use of it.
there is a huge run way... Try to make use of it.
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GCKaMaara
10-15 11:58 AM
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
I Second this idea.
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
I Second this idea.
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susie
07-13 09:32 PM
Hi:
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
Now I am curious to see if I have any so making this post to check
Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)
Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?
Thanks,
Jayant
Now I am curious to see if I have any so making this post to check
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joeshmoe
03-26 04:30 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...
CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....
Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...
CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....
more...
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galacticman
03-05 06:29 PM
Coopheal, what was the filing date for your 485? I take that it went to NSC? I'm a mid July '07 filer and am hoping for LUD's since processing times are current for that month. Offcourse it would be preadjudication like yours since my PD is so far from being current. Luckily my 140 was approved last year prior to 485.
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wildcat1313
03-28 12:43 PM
Can anyone please respond? What should I do?
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krishna_brc
09-17 09:38 PM
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
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gcseeker2002
08-14 02:24 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
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immi_seeker
07-14 01:57 PM
I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.
Planning to call NSC to see what I can do,
Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.
btw, what is ur PD & categoru
Planning to call NSC to see what I can do,
Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.
btw, what is ur PD & categoru
pappu
01-20 11:34 PM
most uni's have a indian student association, the contact is usually found on the website, that would the best way to find them, also orkut has alot of desi student in us communities
Would you be interested in contacting all such associations and orkut communities around the country? It will be a big help.
Would you be interested in contacting all such associations and orkut communities around the country? It will be a big help.
chanduv23
07-27 03:03 PM
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
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