raamskl
07-12 09:35 AM
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
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kumar26fl
09-21 09:49 PM
Good idea! Let's have a 'Membership Drive Week' and increase the membership.
WeShallOvercome
08-03 12:19 PM
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
At this time the guys who are seeking company are those who got their checks cleared, you have 99% of july population with you , if that gives you some comfort.
At this time the guys who are seeking company are those who got their checks cleared, you have 99% of july population with you , if that gives you some comfort.
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sbabunle
09-05 03:44 PM
The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
more...
MatsP
November 15th, 2007, 04:37 AM
I'm by no means saying that reformatting in itself is a bad thing - it should be fine to do it many times. It's just a waste of effort, since deleting the files will serve the same purpose.
--
Mats
--
Mats
number30
03-27 10:16 AM
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Thanks in Advance,
Satya.
240 days only in case of Pending. Do not stay over 180 days.
so am planning to go to India to attend the embassy as soon as possible.
Thanks in Advance,
Satya.
240 days only in case of Pending. Do not stay over 180 days.
more...
patelkirti
04-17 08:55 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
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rajivkane
05-21 09:52 AM
HI!
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
more...
hebron
04-17 07:04 PM
Hi Guys,
Any suggestions for my post above? It will be really helpful.
Thanks in advance!!
Any suggestions for my post above? It will be really helpful.
Thanks in advance!!
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amitjoey
04-16 04:02 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
I am not worried at all.
Hearing about a lot of denied I-140s- No basis.
My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.
Thanks
I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
I am not worried at all.
Hearing about a lot of denied I-140s- No basis.
My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.
more...
dask
04-20 07:55 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Hi All,
I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
Thanks
EB3-I
PD Jan 2002
I-140 cleared in 2006
I-485 received date Aug27 2007
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dilipb
04-21 06:57 PM
It appears that everyones experience is going to be different.
Lets see what happens in Pittsburgh PA for my friend.
Lets see what happens in Pittsburgh PA for my friend.
more...
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sam_gc
04-07 04:14 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
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gsc999
01-18 02:58 PM
Guys,
Vote for Change. I know you are feeling left out of the presidential caucuses and primaries. Here is your chance. Vote for change, for Admin fixes, change your quality of life and help American economy at the same time by freeing up pent up Entrepreneurial energy and other decisions e.g. buy a house. Ben Bernanke/ USCIS/ President's office, if you are reading this: Empower this sizable chunk of legal immigrants to help kick-start the American economy.
I only see one vote and that too mine on the attendance poll above.
Don't let anyone take your vote and your voice for granted.
Btw, those snacks are not going to finish themselves and I am watching my weight (New Year resolution). Need your active participation. Sign n Dine!
Show me your vote (for Sunday event attendance)
I am gsc999, and I approve this message :)
Vote for Change. I know you are feeling left out of the presidential caucuses and primaries. Here is your chance. Vote for change, for Admin fixes, change your quality of life and help American economy at the same time by freeing up pent up Entrepreneurial energy and other decisions e.g. buy a house. Ben Bernanke/ USCIS/ President's office, if you are reading this: Empower this sizable chunk of legal immigrants to help kick-start the American economy.
I only see one vote and that too mine on the attendance poll above.
Don't let anyone take your vote and your voice for granted.
Btw, those snacks are not going to finish themselves and I am watching my weight (New Year resolution). Need your active participation. Sign n Dine!
Show me your vote (for Sunday event attendance)
I am gsc999, and I approve this message :)
more...
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balan2008
07-07 05:46 PM
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
The Primary's GC application will not be affected with the Divorce.
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
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CaliGC
06-15 02:49 PM
I am sorry I have no answer to your question but I would like to know how you found out the exact dates your names was cleared. This would be useful info for a lot of us here. Appreciate if you could share this with this forum
Well, I got to know in two ways.
1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).
2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.
Hope this helps.
Well, I got to know in two ways.
1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).
2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.
Hope this helps.
more...
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tnite
08-13 09:26 AM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
The meet up was great and there were 4 new members who showed up.
You can check the pics @ http://ph.groups.yahoo.com/group/immigrationvoiceny/photos
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
The meet up was great and there were 4 new members who showed up.
You can check the pics @ http://ph.groups.yahoo.com/group/immigrationvoiceny/photos
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gcnirvana
07-17 02:34 PM
IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...
Murthy is a she...and I would but I'm not single. ;)
Murthy is a she...and I would but I'm not single. ;)
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varshadas
04-21 03:56 PM
I am not sure which location you went to. I went to the infopass in Newark, NJ and I was able to get status on name check. They could not give any other information, but they were able to tell me that my name check was complete.
As mentioned in an earlier post, you can always leverage your Congressman.
Thanks
Varsha
As mentioned in an earlier post, you can always leverage your Congressman.
Thanks
Varsha
fromnaija
11-17 11:51 AM
Hmmm...
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.
pappu
03-05 09:01 PM
check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.
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