supercomp
01-26 01:04 AM
I am asking this question for relative of mine. I wanted to get some honest opinions.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
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gregspirited
09-12 01:04 PM
I had my Labor go through without any issues. I haven't yet applied for 140.
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
dilbert_cal
01-13 09:43 PM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
stanford & berkeley does --check their websites for open faculty positions
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
stanford & berkeley does --check their websites for open faculty positions
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nhfirefighter13
June 6th, 2005, 04:14 AM
Not too shabby for your first attempts. You do need to use a smaller aperture, though. For example, on your shots of the mixing boards, guitar and railing (the one with all the circles), if you had used f/16 or f/22 instead of say f/5.6 you would have gotten a lot more "depth", ie: more stuff in focus, to the shots. This isn't to say that you always want everything in focus but sometimes you do.
Don't forget that the trick to using smaller apertures for maximum depth of field is to focus on the object (or point of an object) that is closest to the camera....everything else behind it will be in focus (even though it won't look that way when taking the shot.
Don't forget that the trick to using smaller apertures for maximum depth of field is to focus on the object (or point of an object) that is closest to the camera....everything else behind it will be in focus (even though it won't look that way when taking the shot.
more...
harrydr
08-26 10:36 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct.
Please throw some light on the above points. Thanks in advance.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct.
Please throw some light on the above points. Thanks in advance.
morchu
07-25 03:30 PM
She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
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loudobbs
08-28 04:56 PM
Hi
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
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GCSOON-Ihope
09-06 04:52 PM
You can work 2 jobs as long as you have...2 H1 visas, one for each job!!
That could be 2 part-time or 1 full time and 1 part-time.
I believe there could be a problem if you have 2 full-time H1 jobs at the same time...
That could be 2 part-time or 1 full time and 1 part-time.
I believe there could be a problem if you have 2 full-time H1 jobs at the same time...
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gc??
04-22 01:39 PM
I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?
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stemcell
06-24 10:52 AM
There is actually a thread already on this program.
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Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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GCVivek
04-20 02:42 PM
Let her come on her own (H1/B2) to the US and then you can apply for spousal visa to extend her stay.
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
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viper1400
03-13 02:05 PM
I got the LUD on the same date (Soft LUD) but didn't call to check on the status.
mine is at CSC.
mine is at CSC.
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vchip
08-23 09:50 AM
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
more...
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GCwaitforever
02-27 05:49 PM
Taxes are paid on earned money only. Not loans.
If your spouse takes a student loan in USA, there are other advantages though. He/she can claim student loan deduction on the taxes !! Not sure your Indian bank would provide the necessary forms to you or if they have a legal obligation to submit anything to IRS here.
If your spouse takes a student loan in USA, there are other advantages though. He/she can claim student loan deduction on the taxes !! Not sure your Indian bank would provide the necessary forms to you or if they have a legal obligation to submit anything to IRS here.
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TomTancredo
03-02 01:22 PM
Lets see what moderators have to say about these threads ... I guess we should be ashamed ourselves to be called "highly skilled" and "educated".
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
more...
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eb3_nepa
02-06 12:03 PM
Excellent words Ragz,
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
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kirupa
04-22 05:00 PM
The stamp looks too plain in my view :( Horizontally stretching the writing doesn't help much either.
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soumya_bhatta
03-23 11:31 PM
Thanks for the reply.
No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.
So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.
I will read I 9 more carefully with time. Also started upgrading profile.
No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.
So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.
I will read I 9 more carefully with time. Also started upgrading profile.
ssdtm
05-14 06:10 PM
Lets not generalize it. Everyone is different.
LostInGCProcess
11-06 04:35 PM
My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
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