InTheMoment
02-27 01:16 PM
UnitedNations,
While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.
Leslie535,
Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.
While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.
Leslie535,
Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.
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h1bnogc
07-28 05:53 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
sac-r-ten
06-02 11:26 AM
All the guys waiting in Canada, you can ask your passport and all other papers back from the Consulate and return to India and try stamping there.
I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.
Just my 2 cents.
Good luck my friends.
I have heard cases where people in india went for stamping and since they were put on Admin processing, took their passports and returned back on AP. Well, they had AP to fall back. But i think if you are too much worried staying in Canada, better to ask the consultate to return back all papers and passport and go back to homeland and try stamping there. Atleast you will be less worries in homeland and have a good time with family back there.
Just my 2 cents.
Good luck my friends.
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fromnaija
07-31 11:06 AM
Hi,
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
more...
arunmohan
04-06 12:44 PM
Friends ,
Count me in,I live in Tucson.
Count me in,I live in Tucson.
yabadaba
12-21 08:22 AM
ok that makes sense.
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digitalrain
06-24 08:13 PM
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
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jgh_res
04-16 07:42 AM
existing thread:
http://immigrationvoice.org/forum/showthread.php?t=19011
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
http://immigrationvoice.org/forum/showthread.php?t=19011
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
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hebron
06-14 03:09 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
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leoindiano
09-15 11:53 AM
Great Idea...
I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.
I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.
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mali03
05-25 08:04 AM
called LINDSAY GRAHAM'S office!
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GCneeded
03-14 03:37 PM
Thank you all for the responses.
nat23,
My mother is planning to come to USA during first or second week of may.
nat23,
My mother is planning to come to USA during first or second week of may.
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house That Should Be Me.
mhathi
02-13 01:56 PM
Immigration Voice - the voice of LEGAL immigrants!
Click here to learn more.
Click here to learn more.
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fromnaija
02-20 12:36 PM
Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
more...
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heywhat
08-03 06:47 PM
Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...
dresses @justinbieber That Should Be
dealsnet
08-04 12:15 PM
I have received the card with old number without any restriction in employment. Plain card with name and number. At the SSA office they told me the same. So feel free to get rid of last H1B bundle. (surrender old card for a new freedom card)
Did you recieve old SS# on new card ? or entirely new SS# ?
Did you recieve old SS# on new card ? or entirely new SS# ?
more...
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vivache
09-19 01:46 AM
"They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
What does being a member mean?
does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.
Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)
"Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).
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EkAurAaya
03-19 06:43 PM
no ones ever sold a house on H1B or EAD? :confused:
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karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
terpcurt
January 6th, 2005, 08:07 PM
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
Like this??
Thanks for the quick lesson............... just another weapon in digital ...........
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
Like this??
Thanks for the quick lesson............... just another weapon in digital ...........
gchandu
04-13 08:31 AM
Hi dammu
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
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