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eagerr2i

11-06 03:28 PM

Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's



http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf

These roles qualify for non cap H1B's



* Renewals of existing H1b's

* If are working for a not for profit institution

* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.



What kind of institution will your wife be a financial analyst in?


I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.

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whiteStallion

10-13 02:26 PM

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

Please restart your Labor again, ASAP.

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binadh

07-09 01:52 PM

I am not asking how to snatch the sugarcane out of an Elephant's mouth. I just want to poke the cane in his mouth until he bleeds, so that he will think twice before he grabs on the sugarcane next time. You know what I mean???

I learned my lesson and just want to teach him something out of this as well. HELP ME here?

Lawyers do not refund any payments (period).

An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.

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voldemar

02-27 05:38 PM

Check this out. http://en.wikipedia.org/wiki/V_visa
--------------
The Act is to relieve those who applied for immigrant visas on or before December 21, 2000. Practically, the V visa is currently not available to most of spouses and minor children of LPRs.
--------------

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vikki76

09-01 02:04 AM

I was just about to post this article and then saw someone already did this good deed. Apart from core issue of isolation of elderly immigration,this debate between unrestricted family based GC and employment quota will never end.

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Libra

09-26 12:17 PM

No, I got my EAD approved and still waiting on I-140 approval from NSC.

I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?

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chanduv23

11-06 07:46 AM

My Mother in law flew with them, and her experience was good.
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...

Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)

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STAmisha

06-19 04:30 PM

please post your comments

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vxb2004

10-04 09:08 PM

Thanks for this valuable piece of information.

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sidbee

01-02 02:09 PM

Hi Everybody,

I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

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ikass

06-01 06:30 PM

There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.

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07-22 06:49 PM

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shahuja

02-04 05:50 AM

Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

Thx

Hello raju6855,

I went for my H1B renewal at New Delhi on jan 14th and i am still waiting. Today is the 22nd calendar day. Has your wife got the pp back ? she appeared at ND as well ? Has she got any information from consulate or VFS ? what should we be doing in such a situation ?

Appreciate your reply.

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renupond

10-04 05:02 PM

My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



Your help will be really appreciated. :)

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wandmaker

10-20 06:08 PM

Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

Thank you,

This is a forum for lawful immigrants, not for unlawful.

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sachisdis

02-23 07:48 PM

Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.

Thanks in advance!

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amdee

09-22 02:14 PM

I asked 6 other H1B ppl today to register to this site.

Hi all,

Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.

Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.

No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!

Thanks

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gcinterview

05-12 04:47 PM

I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.

History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.

What does that mean? Any one had similar experiences?

Here is the message I got last month.

We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


Thanks for the link. Looks like I will have to get ready for an interview!!!!

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ram_ram

10-01 09:43 AM

The backlogs at DOLS's found a solution..PERM. Similarly premium processing was introduced for I-140's. I think now it's time to move the Departments and courts to find a more efficient Security/Name check process. If not USCIS will continue to loose tons of visa numbers every year. Though USCIS has 26 k cases that has the visa number available,
many of them are struck with FBI. Any movements or actions?

Successfully Challenging USCIS Delays in Federal Court
On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."

The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."

Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.

Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."

DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.

The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.

Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.

Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.

The Times article concludes with a quote from me:

"There is only one thing that works, and that is suing them in federal court."

We link to the Times article, "Caught in a Bureaucratic Black Hole" from


http://www.truthout.org/docs_2006/091107P.shtml

We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from

http://shusterman.com/toc-dpt.html#A1

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conundrum

05-25 07:52 AM

Kennedy's immigration council/staffers were there until late last night and currently none of them are in. It seems they would be in only by around 9-9:15

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singhsa3

08-29 01:01 PM

I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

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garfield

10-07 03:38 PM

Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?

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ArkBird

11-27 12:39 PM

I think labor substitution is no longer allowed.

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geniousatwork

09-22 09:00 PM

I applied on Aug 18 and got approval email on Sep 2....awaiting AP in mail

I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?

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vivache

09-21 05:42 PM

"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)

Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)

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raamskl

10-04 08:30 PM

Thanks for sharing.

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Dustinthewind

01-05 07:33 AM

@thomachan72 - Thank you! Great idea on the trailer with dialogues! Our goal was to create an engaging, relatively fast paced and high level quick Teaser first to get people's attention and then release a Trailer with dialogues just like you mentioned in a few weeks. So the main full film trailer will come out late January/early February. Stay tuned.

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ss_col

07-17 04:27 PM

I am pretty sure these are people have come here to disrupt the forum or else who does not know about Sheila Murthy. It is just my observation that earlier all the questions were related to genuine issues and were answered as best as members knew. Recently a lot of people have joined in who have brought in negative energy, are abusive, are doubting IV, trying to create doubts in others minds, come to have fun or joke around, trying to prove that IV is a free for all forum and they can say what they want to say. All this was never there earlier. I think administrators should look into the same. IV is there to answer immigration problems and issues. People blame lawyers for not updating their websites or not informing clients unless an official news has come out but when IV came out with announcements before the news is official - all the new comers have done is mud slinging IV.

Be thankful there is a IV.

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ndialani

11-23 08:38 PM

Do you mean we can send checks for $ accounts to be deposited into local rupees accounts in india? Does this work. Do you know how long it takes for them to get the money after each cheque deposit?

Hebbar77,
Yes its ok to do it. I have been doing it for last 11 years. It usually takes 7-10 days to get it cleared in the bank.MY parents have account in Axis bank , ICICI and dena bank. Depends from bank to bank.
Advantage: no extra cost involved
Limitation: 1-2 weeks time

Wire transfer:
Advantage: money is there in 2 days , good for emergencies
Limitation: unnecessary extra cost involved.

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black_logs

05-11 10:43 AM

We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.

Could some one post the Venue and time? (I guess it is dinner meet)

Thanks

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01-24 09:49 AM

http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartII.pdf

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raysaikat

07-08 12:10 PM

yes,
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).

I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.

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IV_Friend

03-29 04:39 PM

Dear Attorney,
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.

Because of some reasons he had leave the employer "X" and Join Employer "Y".

Employer Y, willing to start green card process.

Can my brother use prior Priority Date?

Please advice. I Appreciate your help.

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vnsriv

06-25 03:29 PM

My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.

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07-08 04:28 PM

Good Job...

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greenguru

03-31 03:00 PM

Thanks all for your help and great inputs. IV has helped me a lot.

I wish you all the best ...

TKs, GG

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02-20 08:44 AM

http://immigrationvoice.org/media/Flyer_Formated.pdf

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arkie2916

July 15th, 2004, 07:52 PM

Anders these are just fantastic!! Keep up the great work.

Bev

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ksvreg

02-25 09:55 AM

I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?

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pragir

12-18 01:50 PM

We got our mexican visa (going to mexico on vacation for 10 days) two weeks ago in Raleigh, NC. It was a breeze. I got a list of things that they wanted to see including

1. passport
2. US visa or approved I-797
3. Proof of residence in US (house tax bill etc.)
4. Air itinerary
5. Completed visa application form
6. 2 passport size photos
7. $36 per person visa fee

The process was fairly smooth. I was able to get my passport with visa the next day. My friends went a week later early in the morning and were able to get their visa with an hour and half on same day.

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dbevis

April 16th, 2004, 05:37 PM

The first one looks like some kind of space ship cruising through space gas.

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raysaikat

05-25 03:43 PM

Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!

This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.

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panky72

06-20 02:28 PM

I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

Thanks

You can travel on H-1 without I-485 receipt according to new USCIS rule but for travel on AP you still need the receipt for 485.
http://www.murthy.com/news/n_firule.html

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shree772000

07-20 08:12 AM

In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

I plan to go back regardless of GC.

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greencardvow

08-03 07:12 PM

This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

Reason: Employer didn't follow labor rules in paying for some of the other employees.

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seeking_GC

08-10 02:30 AM

update on my case after I posted...

I called up my previous HR contact from my old company ( I have moved employers using AC21 after getting my EAD ) and she said that the old company was revoking older I140s as their newer ones were getting rejected due to the fact that there were too many I140s already filed by the company.She wasnt sure if my I140 was also revoked.

I spoke to my lawyer and she mentioned that there should be no impact on my case since I moved after my 140 was approved and my 485 was pending for more than 6 months as per AC21 rules.

I also called up USCIS customer service and the lady mentioned that my 485 is pre-adjudicated.

...Now I am not sure if the I140 revocation by my previous company would have any impact on the preadjudicated status of my 485 app. I plan to take a infopass appointment and see if that helps. Will provide updates after my infopass appointment...

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frostrated

08-10 12:00 PM

A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

Best Wishes,

true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.

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03-28 04:10 PM

Hi Guys, I am planning to go to Ottawa for stamping. Do you know the email address, I can send this request to? Thanks

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shirish

02-23 01:21 PM

Can H4 dependent join college without changing his/her visa status to students visa.

Also what are the implecations for this on the green card process if one is waiting for the PD to be current.

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bitzbytz

07-30 03:43 PM

Within 4-10 days, after the USCIS sent the FP notice. :mad:
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nirenjoshi

03-06 01:07 PM

I received the letter yesterday but its at home. Wont have access to a Fax machine over the weekend - so, any email address where it can be scanned and sent?

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UKannan

04-26 04:47 PM

Hello All,

Sorry for the post outside immigration boundaries.

My wife with 2 toddler kids will be traveling to India via Lufthansa.

I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

Thanks in advance for all your help.

Please call Lufthansa's customer support number!!

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gjoe

03-10 06:15 AM

Some of you have been receiving the USCIS response about your FOIA request.

(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)

Thanks,
XXXXX

Category, Country of Birth/Nationality should not be optional because this is a very important data which DOS has been using in their killer app to come up with the VISA bulletine every month. This is something they should provide along with the other data you have requested. If officially DHS don't have this information then DOS has to answer an FOIA request to clarify on how they arrive at the magic number in the visa bulletine.

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sirinme

07-29 10:29 AM

This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.

Two other issues could be:

2. You need recent salary statements for EAD renewal every year.

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07-08 09:52 AM

check this out
http://checkeb.com/default.aspx

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webm

09-25 02:07 PM

Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.

Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.

HTH,

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hsm2007

09-21 07:42 AM

Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.




First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

During discussion bring up the topic of new employment (C) as well .

If you have the format from your current company attorney , show it to them .

It might be simpler then you are thinking.

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freddy22

07-20 07:34 AM

The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.

Some states have special
courts, processes and/or dispositions for certain juveniles that are different than for those in adult court. Some such dispositions are not considered �convictions� for immigration purposes
(although they may still become a problem for discretionary forms of relief or where �admitting to a crime� is enough). For example, in New York:
- A �Youthful Offender� disposition for people under the age of 19 at time of conduct is not a �conviction� for immigration purposes. In fact, a Y.O. for a more serious offense is
sometimes better than a straight conviction for a lesser offense.
- A �Juvenile Delinquency� disposition in Family Court for people under age 16 at time of
conduct is not a �conviction� for immigration purposes.
- However, a �Juvenile Offender� disposition is considered a conviction for immigration
purposes and does not have the same benefits.
Note: The federal government and every state has its own system for treating juveniles in the criminal justice system � some will be safer for immigrant youth, and some will not. Every state also has its own rules for the maximum age at which a young person may qualify for this treatment � for example, one state may place a 15-year-old in adult court with no special dispositions, while another state may place a 17-year old in the juvenile justice system.
 Consider going to trial instead of pleading guilty. This is not always the best option, but you may want to consider it if, for example, the evidence against you is weak and/or the benefits of the plea offer are not worth the immigration consequences to you.

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PHANI_TAVVALA

10-10 10:36 AM

When a person is on H1B with a multi-national company, he/she is an full-time employee of its U.S division and has nothing to do with the company's overseas SBU's. Even if the employee has worked at overseas division and later moved to U.S on H1B, USCIS considers the employee to have been hired fresh due to difficulty the company faced in hiring an qualified American in U.S.

Your husband is allowed to stay in U.S (until validity of H1B) as long as you do not resign your job in U.S. But if you move to India permanently to work at your company's Indian subsidary you are automatically considered to have resigned your job in U.S. At this point your H1B becomes invalid as soon as you leave U.S and thereby your husband's H4 becomes invalid too. If he stays in U.S despite this (without changing to an alternate visa) he will be accruing out-of-status stay which will allow DHS to ban him from U.S for 3-10 years.

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imm_pro

06-10 06:27 PM

good ..should be a relief to lot of folks..


06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension

AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.

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latejunefiler

07-12 09:28 AM

Singhsa,

Thats a great poem!!
I have made some aesthetic changes to your document and uploaded here.

http://www.geocities.com/latejunefiler/Ghandhigiri.pdf

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gc2

09-23 01:34 PM

pd is june 06. labor is perm. if i become a consultant would i join a new employer on EAD or H transfer or would it not make a difference ?

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aguy

08-23 01:17 AM

Hi,

My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.

While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.

So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?

Thanks.

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