kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
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ssdtm
03-22 01:02 AM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
Coppertop
10-05 09:10 PM
That's ok, I read the rules.
Thanks K!
Thanks K!
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Jaime
09-12 02:20 PM
Real Life :
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
Doubly bad for the United States!!!
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
Doubly bad for the United States!!!
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loudobbs
09-25 12:12 PM
for NOT answering my question!! :mad:
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
sonu_Aug_2002
07-13 11:39 AM
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
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eblues
09-05 06:06 PM
What is the reason your university cited for their position that you might be violating J status?
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
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brb2
08-23 06:06 AM
Master's and higher, outside US has to be in the STEM fields to qualify.
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
------------------------------ Copy paste ends --------------------
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
------------------------------ Copy paste ends --------------------
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ras
02-12 11:08 AM
Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.
Hello,
My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.
Thank you,
Bobby
Hello,
My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.
Thank you,
Bobby
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nfinity
03-14 10:41 AM
I just came back from bombay. I did not have an AP. I went to the consulate for stamping. If you are maintaining valid h1b status and have a stamp, there is no issue at all. Just carry your I-485 receipt with you and make sure you mention it at POE.
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vaishnavilakshmi
07-07 05:23 PM
Hi all,
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
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indyanguy
06-18 02:22 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?
more...
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santb1975
08-02 03:01 PM
I can see a Strong and Active Tennessee Chapter getting built over the next one Year. How can I say that...Well, I have been witnessing all the good work you have been doing from when I became a member of IV
Thanks Santb1975. Sanju, that's a dangerous proposition... I might kiss you back :).
Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.
Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
Thanks Santb1975. Sanju, that's a dangerous proposition... I might kiss you back :).
Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.
Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
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Sakthisagar
11-16 01:05 PM
Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??
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485Mbe4001
10-08 12:54 PM
SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.
PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.
There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.
There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
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sbajaj80
09-12 02:49 PM
Thanks tnite. Enjoy!!!
I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....
Where do guys see the LUD? And what number do you call the USCIS on? Thanx.
I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....
Where do guys see the LUD? And what number do you call the USCIS on? Thanx.
more...
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vegasbaby
06-29 03:29 PM
Schengen Visa Insurance: Best Deals for Schengen Travel Insurance (http://www.schengenvisainsurance.com/)
There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)
You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.
There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)
You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.
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bank_king2003
09-13 03:27 PM
You can break height of injustice from USCIS by filling this. (WOM)
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
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nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
kondur_007
08-04 10:07 AM
Hey, great example and at a good time.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
gxtrader
10-10 03:50 PM
I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!
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