mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
wallpaper amor powers. hacer el amor;
casinoroyale
08-20 10:28 PM
Friends, anyone going to Canada in September?
rogerdepena
07-17 10:33 PM
Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
2011 HACER EL AMOR
sixburgh
06-28 07:29 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
Ead and h1 employer are the same.
What happens when I want to change my job by using ac21 later?
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
Ead and h1 employer are the same.
What happens when I want to change my job by using ac21 later?
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MannyD
10-25 01:19 PM
should be valid preferably until you get your new I140 approved.
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?
And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?
Thanks!
desi3933
06-10 04:53 PM
Hello Attorney,
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
It is 30 days since the posting of this question, and not a single reply from any attorney.
Let me repeat my understanding on this question -
----------------------------------------------------------------------
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
It is 30 days since the posting of this question, and not a single reply from any attorney.
Let me repeat my understanding on this question -
----------------------------------------------------------------------
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
more...
gc_check
07-16 10:29 AM
As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
I don't think, anyone other than the USCIS/DOS will know the solution or whatever, at this time, untill the information is published to public. Applying AOS or not should be decided by you and your attorney. Not the core, Guess if the core has the updates that you are looking they might have updated in the home page :) by now...
Well I'm also waiitng to see what would be the updates from USCIS, as my 485 papers are not yet submitted but ready to go and the attorney would make the decision based on how this truns out to be... WSJ article is the one that is updates in various website/blog. Have to wait and see...
2010 Follar y hacer el amor
Abhinaym
01-31 01:27 PM
I found this link:
Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/query/z?c112:S.6.IS:)
(Abhi_Jais, the link u pasted wasn't working for me.)
Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/query/z?c112:S.6.IS:)
(Abhi_Jais, the link u pasted wasn't working for me.)
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GC_1000Watt
05-20 12:52 PM
Hello Gurus,
I am planning for H1B visa stamping at Mumbai consulate in July this year. I am not aware of the current extension process. I will appreciate if anybody can share his/her knowledge on the same.
FYI: I have got my first H1B extension for the next 3 years & i am with the same company all this period.
As far as my information goes, i will first have to get HDFC receipt by asking somebody in India to fill the visa fees on my behalf. and then I have to fill DS156 & DS157 electronically?
Kindly share your knowledge, thoughts and advices.
Thanks in advance.
I am planning for H1B visa stamping at Mumbai consulate in July this year. I am not aware of the current extension process. I will appreciate if anybody can share his/her knowledge on the same.
FYI: I have got my first H1B extension for the next 3 years & i am with the same company all this period.
As far as my information goes, i will first have to get HDFC receipt by asking somebody in India to fill the visa fees on my behalf. and then I have to fill DS156 & DS157 electronically?
Kindly share your knowledge, thoughts and advices.
Thanks in advance.
hair Hacer el Amor lt;3
obelix
08-21 07:24 PM
I am in a similar boat [not sure about the reason though, no reasons were given]. My lawyer is going to re-file with premium processing citing an old receipt date of June 27th, 2007. Any updates from your side?
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
more...
JA1HIND
01-26 11:04 AM
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
Good Luck folks!!
Thank you USCIS for giving me this power of prediction....alright all, now I can predict TSC next processing dates that will be published in(Feb 08) so that we dont have to wait till next month: dates will be June 23rd if processing dates published exactly on Feb 14th, 2008 & it's going to June 25th if published on Feb 26th, 2008...
So having said that, now you all can do math on how ling it's going to take to process Aug 07 applied 140 cases.....perfect example any one can refer to or meaning of hopeless service=TSC
hot and psyche. hacer el amor.
geevikram
12-06 11:19 AM
If you read the post , they say 21 year old means fresh graduate (bach.), it is very high for that age with no or less experience. here in california also freshers get 50-60k start..
That depends on company, job-title. Ofcourse, this is still high for a fresher, but you can't compare 50-60K to facebook job. This kid must be extremely smart. 50-60K would be for some lucky fresher coming out of an avg university in US. Even folks for decent US univ's get close to 100K in Cali. (Depends on company and pos).
That depends on company, job-title. Ofcourse, this is still high for a fresher, but you can't compare 50-60K to facebook job. This kid must be extremely smart. 50-60K would be for some lucky fresher coming out of an avg university in US. Even folks for decent US univ's get close to 100K in Cali. (Depends on company and pos).
more...
house hacer el amor
.jpg "Música Para Hacer El Amor")
dealsnet
01-13 10:06 AM
Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
tattoo hacer el amor
smuggymba
05-19 01:47 PM
In india we celebrate the bharat pravasi diwas (NRI Day) and PM is in attendance. Remittance to India is a big boost to the economy.
PM should give a hint to Obama on EB issues but I don't expect PM to help me get my GC. Bharat Pravasi diwas is a good way to initiate this dialogue within the NRI community.
PM should give a hint to Obama on EB issues but I don't expect PM to help me get my GC. Bharat Pravasi diwas is a good way to initiate this dialogue within the NRI community.
more...
pictures hacer el amor.
arihant
02-15 05:32 PM
http://www.foreignlaborcert.doleta.gov/
I found this on the DOL's website above.
Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.
I read through the text below it briefly and did not find any more interesting info.
Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.
I found this on the DOL's website above.
Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.
I read through the text below it briefly and did not find any more interesting info.
Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.
dresses hacer el amor
gc_rip
07-05 09:20 AM
Hi,
I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.
My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?
Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.
Appreciate all your helpful ideas.
Thanks,
I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.
My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?
Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.
Appreciate all your helpful ideas.
Thanks,
more...
makeup en los que hacer el amor
webm
06-09 02:50 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
girlfriend hacer el amor Hacer el amor en
satishku_2000
08-01 04:01 PM
How long it would take for me to know whether USCIS is accepted the response or not .. What is the process for MTR? Do USCIS issue NOID if they dont accept the response?
hairstyles besos de amor. hacer el amor.
kondur_007
08-21 08:14 PM
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
I would add one more thing: make sure to get an advise from a good competent lawyer, as in certain cases it is advisable to send AC21 package to USCIS and in others not. There is no clear law or memo on this. But a competent lawyer should look at everything and make that decision.
In any case, my personal opinion is: If you have a good offer, MOVE ON. You will be just fine.
Good Luck.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
I would add one more thing: make sure to get an advise from a good competent lawyer, as in certain cases it is advisable to send AC21 package to USCIS and in others not. There is no clear law or memo on this. But a competent lawyer should look at everything and make that decision.
In any case, my personal opinion is: If you have a good offer, MOVE ON. You will be just fine.
Good Luck.
cox
May 2nd, 2005, 09:38 PM
Thanks Kevin! Trial and horror it is then . :-)
Ah, so you've seen my "technique"? :p
It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.
Ah, so you've seen my "technique"? :p
It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.
nousername
06-01 01:50 PM
Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
