HumJumboHathuJumbo
01-08 12:41 PM
While I-485 is pending, how to change spouse's last name?. For that matter, how to change spouse's last completely in every agency(like ssn, paychecks, credit cards, green card, passport, drivers license). Is this list complete?. which one should i start first?.thanks
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SL%%
08-25 09:14 PM
How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
pasupuleti
06-20 12:49 PM
I live in bayarea. If we have't found enough people from LA, i can drive to LA.
If more people wants to join documentary efforts from bay area , we all can car pool together.
If more people wants to join documentary efforts from bay area , we all can car pool together.
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gonecrazyonh4
03-20 01:06 PM
Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
more...
TheOmbudsman
09-01 03:17 PM
Ah, so Berkeleybee is she. Oh, that makes sense, that's why she is a bee.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
kprgroup
12-28 10:03 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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desi3933
03-09 12:01 PM
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
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Becks
01-08 06:30 PM
i havent change my wife's last name and i dont see any advantage.
trivia: we had two colleagues(wife and husband) working in our team. we never knew that they were wife & husband since their last names were different.
so there may be advantage to refer wife for jobs in your team if you have different last name!!!
trivia: we had two colleagues(wife and husband) working in our team. we never knew that they were wife & husband since their last names were different.
so there may be advantage to refer wife for jobs in your team if you have different last name!!!
more...
nirajnp
09-07 02:55 PM
Thanks everyone for your replies...That really helped. One more thing that just crossed my mind.. Per the answer below
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
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Legal_In_A_Limbo
01-14 05:10 PM
Thats good to know that lots of people have done this.
If someone can share their experience that will be great.
It is the first contract between Company (B) and my husbands company (A). Above all my husband himself found this project.
Above all, the contract between Company (B) and Company (A) does not mention the end client name, and the contract seems to be a general contract, basically saying that my husband is rendering services to Company (B).
I will really appreciate all the help and guidance.
If someone can share their experience that will be great.
It is the first contract between Company (B) and my husbands company (A). Above all my husband himself found this project.
Above all, the contract between Company (B) and Company (A) does not mention the end client name, and the contract seems to be a general contract, basically saying that my husband is rendering services to Company (B).
I will really appreciate all the help and guidance.
more...
QuickGreenCard
09-16 11:44 AM
I have consulted USCIS rep by taking InfoPass. She was friendly and talked with USCIS Texas rep (thats where mine went), they told her to re-apply. She sent an email and received a response saying to re-apply...................................
Cant they print another copy atleast at a charge instead asking to re-pay the whole fee again..........They are bastards
Cant they print another copy atleast at a charge instead asking to re-pay the whole fee again..........They are bastards
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chantu
06-20 02:48 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
Thanks
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
more...
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dummgelauft
11-19 11:35 AM
Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
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ampudhukode
03-24 06:57 PM
Tom,
He is in India and has always been so is there an equivalent of W2 there ?
The other option may be possible, get something for car loan and so on.
ampudhukode
You may not need the exp letter from the current company for stamping if the H1 is for another firm. You may better keep the w2 and/or 3 recent paystubs. How ever, you can request exp letter from the company for any reason. (Example: Applying for loan/home, etc). It does not matter whom its addressed to as long as it contains your job start date, salary, etc.
He is in India and has always been so is there an equivalent of W2 there ?
The other option may be possible, get something for car loan and so on.
ampudhukode
You may not need the exp letter from the current company for stamping if the H1 is for another firm. You may better keep the w2 and/or 3 recent paystubs. How ever, you can request exp letter from the company for any reason. (Example: Applying for loan/home, etc). It does not matter whom its addressed to as long as it contains your job start date, salary, etc.
more...
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REEF�
05-24 08:30 PM
Sheesh someone is in a hurry :|!
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bpratap
08-18 04:33 PM
I don't think Address change (AR 11) will invoke any RFE.
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
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sam_hoosier
11-15 03:33 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
As long as you dont get paid for the marketing & promotional work in the US, you will not be breaking any immigration laws.
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singhsa3
07-25 04:06 PM
Excellent point, I think, this is exactly the sort of pros and cons analysis we need on the ideas generated on this forum.
BTW: I thank you for the constructive tone of your message when providing the feedback.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
BTW: I thank you for the constructive tone of your message when providing the feedback.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
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pune_guy
08-20 06:28 PM
Yes these are the same databases that I have.
kaisersose
06-16 12:57 PM
She can make all the recommendations she wants, but the decision lies with your employer.
Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.
Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.
Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.
Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.
JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
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