desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
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sunny1000
12-21 09:51 PM
DOES ANYBODY KNOW HOW TO GET IN TOUCH WITH MEERA SHANKAR, Indian Ambassador to US.
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
EMBASSY
--------------
Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)
Passport Services - Assistance/Complaints
Assistant Consular Officer
Phone: (202) 939-9861
Attach� (Consular)
Phone: (202) 939-9832
Consulate General, NY
---------------------------
Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)
Any unresolved problems with the Consulate? Please click HERE
For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.
rajuram
08-15 12:23 AM
It all depends how much confidence you have in your application packet. mine had problem and was returned back after 7 weeks.
tomorrow is the last day to file, for many the window will close for a long time.......
tomorrow is the last day to file, for many the window will close for a long time.......
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gcgreen
08-12 01:28 PM
Both your job descriptions say design develop and test applications using Win32 API and MFC (among other things) .... tell me why you are worried again...? :-)
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.
I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
15-1031.00 has a lot of titles that any software person can fit in.
Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"
Fellow IVans - please comment if this is fine?
more...
diptam
08-15 12:43 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
People can show someone elses fedex receipt and claim that they too mailed their application. How can USCIS find out which fedex receipt is for what application?

sathweb
01-20 01:11 PM
Sept 21, 2001 still going strong.
Check the details above.
Check the details above.
more...

abhisec
08-06 02:29 PM
I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
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felix31
01-10 06:27 PM
Friends,
I am worried if I would have any problems converting to H1 since I am practically out of work force since 2000.
I have 3 yrs worth of exp prior to moving to the US on H4 visa in 2000.
Do you think I would have any issues with getting H1?
I am worried if I would have any problems converting to H1 since I am practically out of work force since 2000.
I have 3 yrs worth of exp prior to moving to the US on H4 visa in 2000.
Do you think I would have any issues with getting H1?
more...
McLuvin
03-04 11:05 AM
EB3-I is a lost hope, i dont think there will be any movement for next 2-3 years. Year 2001, 2002 and 2003 had 185K H1Bs and even if we assume 100K being used by India and all of them applied for GC -(half of them in EB3 to be optimistic). The number would be 50K/year just primary applicants. So, to advance from 2002 with 50K applicants would take---you can guess. There are only ~4000 visas/year for EB3 India.
Yeah I can understand... Well certain things defy logic.... Hope is all life is about :)
I am not trying to sound preachy.... com'on man we do go to casinos even knowing that the probability of winning is acute...
Yeah I can understand... Well certain things defy logic.... Hope is all life is about :)
I am not trying to sound preachy.... com'on man we do go to casinos even knowing that the probability of winning is acute...
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hpandey
07-13 02:16 PM
Congrats Brother .. Patience finally paid off. Hope you see better times ahead. Indeed a very long journey. :)
Thanks for donating to IV and supporting our cause. I
Thanks for donating to IV and supporting our cause. I
more...
Jaime
05-25 10:47 PM
People complain that Canada is cold and Canada has low wages and racism...excuse me one sec
Canada is no colder than Chicago and low wages go to people with lower skills or no North American experience. If you have US experience and a good degree and speak English, then Canada can be heaven for you. If you just like a place because of the weather, then let's talk about Australia, which is almost as good as Canada, also has a immigration system based on points and has amazing beaches!
A friend of mine from Mexico is making 10,000 (yes, ten thousand) US a month in TO.
And on a scale of 1 to 10, Canadians score a 4 in racism where Americans score a 7 (my own estimate based on my countles visits and extended stay in both countries)
Canada is no colder than Chicago and low wages go to people with lower skills or no North American experience. If you have US experience and a good degree and speak English, then Canada can be heaven for you. If you just like a place because of the weather, then let's talk about Australia, which is almost as good as Canada, also has a immigration system based on points and has amazing beaches!
A friend of mine from Mexico is making 10,000 (yes, ten thousand) US a month in TO.
And on a scale of 1 to 10, Canadians score a 4 in racism where Americans score a 7 (my own estimate based on my countles visits and extended stay in both countries)
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jfredr
08-22 10:52 AM
I don't think he can.
No, he is a good person he can do that
Reason he is member of IV
No, he is a good person he can do that
Reason he is member of IV
more...
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Libra
01-11 12:33 PM
bump
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andy garcia
08-22 10:14 PM
Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Read on page 4
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
more...
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eilsoe
02-03 05:25 AM
that smilie says it all :P
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reddy77
07-03 02:25 PM
My Expenses :
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
more...
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gc28262
07-29 01:44 PM
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.
It is such a shame that this country covers up racism with "diversity" in this 21st century.
Moreover skill has nothing to do with country of birth(EB category).
Diversity:
Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
Immigration and Nationality Act of 1965 - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965)
Please look back at this country's immigration laws over the years. When Europeans were immigrating to in large numbers, they didn't have any issues with that. They never felt the need of country cap. When non-Europeans started immigrating in large numbers, america suddenly realizes she has to be "fair" to all countries in the world and fairer to whites in particular.
It is such a shame that this country covers up racism with "diversity" in this 21st century.
Moreover skill has nothing to do with country of birth(EB category).
Diversity:
Diversity has to be reflected in the population already in US. Do you think Indians/Chinese are a majority in this country ?
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sparklinks
07-27 02:27 PM
From Murthy..
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Got Receipt
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
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dreamgc_real
04-22 10:12 AM
To all the antis posting here........read this.........
http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf
Obviously Sherriff Joe Arpaio didn't get this memo............
http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf
Obviously Sherriff Joe Arpaio didn't get this memo............
arvindkappula
01-18 03:47 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
desitechie
11-02 05:51 PM
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
Gave you green!!!
Hope is the only thing keeping us in anticipation for the first friday of every month!!!
Gave you green!!!
Hope is the only thing keeping us in anticipation for the first friday of every month!!!
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