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Immigration Voice is healthy and kicking. No flowers Please. Contribute instead !

I personally know some individuals who read IV and never registered/contributed. Please encourage those bystanders around you to be part of this movement.

Folks, Let us not use this forum for non-immigration matters.
This topic is posted under General Information > Interesting Topics

Billu did not post this under immigration matter, so dont read it if you dont want to.

Goel_ar,

Your manner of last entry is the status that you are currently on. Thats a fact.

This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

Hope it helps.


My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

Thanks,
LG.

I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

Pls. help, your reply will be highly appreciable?


As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

I am on H1 since 2005 and renewed last year and it is valid till april 2010.


Last year i joined directly to the client and they are processing my GC.

When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


guide me if this is not the correct thing to do...

regards

you surely can have two GC app's in process.

Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!


Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

PD Jan2005
I 140 applied Nov 2006
Approved Mar 6th 2007

I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file

PD is ported irrespective of the EB class

My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!

Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!! :D
As for me 2 more months...please October Visa bulletin be nice to me! :rolleyes:
Hey thanks a lot for the info, good to know USCIS just confirmed that.

you are a selfish person. you do not care about the rest of the iv community.

these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.

Let us somehow try and push SKIL bill. It almost got to the floor last time.

the problem is not with his opinions
sure he has a right to them
the problem is with the "facts" he shouts out.
even when he is wrong and is told so, he repeats them
this was nicely shown in the "hansens disease" episode
that time the southern baptists and the national press finally spoke up.

I am in the same boat..
If we have a gap between the expiry and new EAD card,
we should not work thats for sure,
but wont have any issues of going out of status during the gap?

Are you the primary applicant? My husband is the primary applicant in our case, so i believe we will not have an issue of going out of status.

Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
Thanks for replying...

I have already renewed my passport in April 2010 and corrected father name ...

I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.

http://www..com/

Does anyone has any update about this Amendment?

To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.

Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.

The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

It is always good to wait till the new application is approved, and the approval notice has been received.

just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)

... I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.

...

They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.

I will need to refile I485 application for myself and my wife. It was rejeted in error from USCIS. I have question:

Should I re-file with old fees or new fees? Any one can help me here?

My application was originally filed at NSC on July 2nd.

Thank you,

makes sense to me..

Thank you