macrosky
11-07 12:51 AM
thanks, ssdtm.
Can someone explain a little bit more about changing AOS to CP?
Can someone explain a little bit more about changing AOS to CP?
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sac-r-ten
06-25 03:27 PM
Please share the issue in the forum in you can. Will help others in the same situation.
sunnymit
05-10 12:44 PM
As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.
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biznuge
03-01 08:21 AM
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YetAnotherDesi
12-25 12:13 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
werc
12-09 08:57 PM
Congratulations on your marriage.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
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ssksubash
02-16 11:54 AM
HI,
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
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starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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nixstor
09-18 08:34 PM
She can file her own extension using form I-539. You can use your receipt number in her application. I am planning to do the same. It doesnt make sense to pay the lawyer a grand for that. If your H1 is approved, her H4 will be approved. There is no way I can think of having your H1 approved and her H4 being denied unless she has any violations or out of status etc.
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imconfused
06-29 08:17 AM
the I-94 stapled to my passport says 20feb2008, since my passport expires on the same day. dont i have to get a new I-94? though 797 is valid more than 1 yr?
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nt07
11-08 09:34 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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sixpockets
07-15 06:59 AM
count me in
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yabadaba
03-24 01:54 PM
Can anybody help me out with regards to what documents need to be sent to the canadian embassy in newyork for a TRV (visitiors visa)?
Any one with any insight on how long does it take to get it back?
Any one with any insight on how long does it take to get it back?
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kirupa
05-06 06:14 PM
I liked your first and third one more, but since others liked your second also, I'll add up all three ;)
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Steven-T
February 7th, 2004, 07:03 AM
See:
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
I sincerely hope this is just a joke, or a rumur at best.
Replacing your head, who have you become?
We need competition. Canon is going to kill the Canonians. Many Nikonians are posting to switch too. Me included.
Steven
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
I sincerely hope this is just a joke, or a rumur at best.
Replacing your head, who have you become?
We need competition. Canon is going to kill the Canonians. Many Nikonians are posting to switch too. Me included.
Steven
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vhd999
10-07 05:31 PM
I agree. I guess you are saying that filing another petition under EB2 adds some risk to the existing 485 application.
Thanks for the reply.
Are you an immigration attorney? If yes, can you tell me the best way to reach you?
Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.
Thanks for the reply.
Are you an immigration attorney? If yes, can you tell me the best way to reach you?
Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.
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pibeeneri
12-20 12:03 PM
Dec. 06 expired a lettler that USCIS send to my employer but we never received the lettler, it was a wrong information for the address my boss was talking with an officer of USCIS and she reported electronically to Nebraska about this problem, we send just in case last Friday again all the documents with the I-140 we don't know what evidence they need, but the thing is that we have to wait ; we don't have a lawyer everything was fine the only problem was that we never received a letter about the I-140 because the address omit the suite number do you think that no matter what we have to find a lawyer ...or just wait... the adjusment was submit in May 2006.
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adhantari
06-16 03:26 PM
6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
H1 loosers still hanging here.....
H1 loosers still hanging here.....
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sve0390
09-29 01:52 AM
Q : Will this affect my ability to travel?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
We decided to wait until we received our I-485 notices (got them) or the AP (not yet).
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
We decided to wait until we received our I-485 notices (got them) or the AP (not yet).
senocular
10-27 08:18 PM
Stop Wasting Your ?
sukhyani
10-04 03:40 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
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