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GCInThisLife
07-19 02:09 PM
Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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tdasara
01-31 01:25 PM
Very helpful if we get to file I485 without PD being current...
REDUCTION IN WEIGHTED AVERAGE
The increase in actual costs to applicants and petitioners will be only 66 percent, however, because applicants for adjustment of status will no longer be required to pay a fee to apply for interim benefits.
Currently, the I-485 fee is $325. The I-485 customer will also file an average of two Applications for Employment Authorization (I-765) and nearly half will file at least one Application for Travel Document (I-131), while an additional 20 percent of applicants will file a second. These additional ‘interim benefits’ applications allow applicants to work or travel while their status application is pending. The combined fee that applicants currently pay is approximately $800. The proposed fee structure will eliminate the need for applicants to have to pay these subsequent fees that result from processing delays. USCIS is proposing a $905 fee for the I-485 form. When considering the interim benefit fees paid by applicants, the increase for the I-485 is $105 instead of $580; therefore, the overall weighted average is reduced to 66 percent because adjustment of status applicants will pay approximately the same fee that is currently assessed when taking into account those associated ‘interim benefits’ that are paid over a multi-year time perio
REDUCTION IN WEIGHTED AVERAGE
The increase in actual costs to applicants and petitioners will be only 66 percent, however, because applicants for adjustment of status will no longer be required to pay a fee to apply for interim benefits.
Currently, the I-485 fee is $325. The I-485 customer will also file an average of two Applications for Employment Authorization (I-765) and nearly half will file at least one Application for Travel Document (I-131), while an additional 20 percent of applicants will file a second. These additional ‘interim benefits’ applications allow applicants to work or travel while their status application is pending. The combined fee that applicants currently pay is approximately $800. The proposed fee structure will eliminate the need for applicants to have to pay these subsequent fees that result from processing delays. USCIS is proposing a $905 fee for the I-485 form. When considering the interim benefit fees paid by applicants, the increase for the I-485 is $105 instead of $580; therefore, the overall weighted average is reduced to 66 percent because adjustment of status applicants will pay approximately the same fee that is currently assessed when taking into account those associated ‘interim benefits’ that are paid over a multi-year time perio
moonrah
06-12 03:47 PM
As far as I know, it suppose to start at 11:00 AM...is it still going on? can anybody please provide update or link?
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myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
more...
arihant
12-20 01:31 PM
My colleague's wife has been on H4 for almost 3 years now. She just got a job and her attorney told her about this new law which will let her use her full 6 years of H1B. So, this news does seem to be legitimate as attorneys are sharing it with their clients (I am guessing that they would not share unconfirmed changes in laws with clients, especially if they want to maintain their reputation and continue to work as immigration lawyers!)
ck_b2001
01-26 09:32 PM
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
more...
snathan
06-17 11:09 AM
I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..
This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.
Great effort and Good Luck..
RV
Thanks for your support...Please post the link to that thread or your full story here. It would very helpful...
Thanks.
This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.
Great effort and Good Luck..
RV
Thanks for your support...Please post the link to that thread or your full story here. It would very helpful...
Thanks.
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ars01
07-10 10:22 AM
I think we should dedicate one day on leaving messages at his show. Lets make it a saturday/sunday. All the members can leave messages, asking him to be fair.
I know a lot of ppl will come back saying its of no use blah blah............
whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.
I know a lot of ppl will come back saying its of no use blah blah............
whole idea is to try. If ppl only get motivated by results, then there is no point trying at all...........
My experience is sending messages to the person whom we are going to target won't help. We need to counter attack using a different and equally powerful channel. The negative comments we post on Lou Dobbs and CNN are never posted or maybe never read to the end.
more...
gc28262
03-27 09:18 AM
Well, for one, a driver's license is the most commonly accepted proof of identity. It's not just about driving skills. The procedures for it's issuance affect the security of the country. Sorry, I think it is you who are missing the point.
Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.
Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.
How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.
Are employers the ones who vouch for security credentials of an individual ?
All nonsense.
Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.
Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.
How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.
Are employers the ones who vouch for security credentials of an individual ?
All nonsense.
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pkjena
08-01 10:40 PM
USICS Memo on this is too good for a change. From where did Murthy get the Q & A ? Is it from here ?
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BMS1
10-11 04:52 PM
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.
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hopefull
07-06 04:52 PM
I wonder where you work and which country you live :confused:
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
If I give you the name of the firm I work for ..you d be shitting in your pants and not a consultant but as a FT employee
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bujjigadu123
02-21 02:52 AM
I have one week from now for his visit. He gave me his desk number too. So I guess he is still an ICE employee. I did not call him at that number though.
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anil_gc
09-26 08:04 AM
as per the certificate you completed the degree in June 2002 and you don't have five years from that date so it is tough now, filing for EB3 was a good option.
Talk to the lawyer and see they can correct it at this stage
Talk to the lawyer and see they can correct it at this stage
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Guig0
02-11 11:20 AM
how about that 30 votes rule?
I was just hiring 30 ppl to sign up to kitupa and vote for me... :(
I was just hiring 30 ppl to sign up to kitupa and vote for me... :(
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eilsoe
02-10 01:46 PM
I'm starting to believe Soul will win this one...
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x1050us
07-19 01:29 PM
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.
I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.
I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.
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spindoctor
07-19 08:22 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
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wonderlust
09-27 04:28 PM
Early Sept. I finally got July 2nd filing receipt. I realized that my packet has traveled all the way to CA and then back again at NSC!! then last weekend Sept 15, I got an email notice that my case is back at NSC AFTER I have received a hard copy notice about the transfer...
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
It's a confusing process and I don't know which center is faster...
Wonderlust
Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.
coloniel60
08-13 11:53 PM
As of now 10% have said that they are going to re-file. That's lot of re-filers.
gcnj
02-13 12:58 PM
Hi! Shana
Thanks for your valuable feedback .
GCNJ
Thanks for your valuable feedback .
GCNJ
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