frostrated
09-09 03:33 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
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waitnwatch
05-25 11:28 PM
QGA, Senators and their staff do have my heartfelt thanks. I wonder how we can convey our thanks to all of them in some orderly fashion.
A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.
My two cents.
A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.
My two cents.
krishmunn
09-21 07:11 AM
First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
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waitin_toolong
07-27 09:53 AM
no it wont be that is what is meant be dual intent for H and L visas.
Can you quote a source on your assertion.
That used to be true at a time but changed in afer clarification in 1999/2001
Can you quote a source on your assertion.
That used to be true at a time but changed in afer clarification in 1999/2001
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felix31
01-16 10:43 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
I dont get it...
What is the significance of birth certificate?
I only had to send in notarized passport copy to get ITIN. For foreign nationals, passport is more than enough.
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
I dont get it...
What is the significance of birth certificate?
I only had to send in notarized passport copy to get ITIN. For foreign nationals, passport is more than enough.
GCNaseeb
08-08 03:55 PM
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
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tinuverma
03-18 11:45 AM
I am on H1 (8th year - not using EAD which I have) right now and a citizen friend of mine wants me to be involved with his website company. Business would involve subscription based access to website. He has hinted that one thing he is willing to consider is awarding me some percentage share in the company in return for my services as his website is not yet profitable.
If I would like to take that, what is the way to go?
1. Specifically, can someone tell me what I should do - LLC, something else...?
2. How would I pay myself from this without breaking H1-B laws?
3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?
Thanks
T
If I would like to take that, what is the way to go?
1. Specifically, can someone tell me what I should do - LLC, something else...?
2. How would I pay myself from this without breaking H1-B laws?
3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?
Thanks
T
2010 It was noted that the normal
nashim
05-19 11:53 AM
Hi,
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
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harsh
07-08 11:07 PM
Gave it 5 stars. Good job. Hope CNN picks your video.
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lj_rr
07-23 10:38 PM
Is that what you did? I think there are better spots.
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prav27
07-09 12:33 PM
We got RFE for my wife case too but it specifically mentioned that in the submitted report it was not cleraly mentioned if the skin test was done and so new medical form with TB Skin test( last time the Doctor just did the x-ray) needs to be submitted
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qualified_trash
08-26 03:21 PM
The true value of an MBA lies in the contacts you make when you go to school. An online MBA IMHO is of no real use in terms of your career.
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reachinus
12-26 08:34 AM
Hi There,
In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.
In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.
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emmNemm
07-16 08:57 AM
I agree. I am EB2 and my Prevailing_Wage_Level is Level II
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conchshell
05-04 03:05 PM
Its a good idea to gather support letters from employer. However, I have doubt that American corporations will openly support us. Two reasons:
1. No corporation would like to get the ire of local population, which does not even understand the difference between legal vs illegal immigration.
2. The longer legal immigrants get stuck in the limbo ... the better for the employers. That's why corporations always ask for more H1B visas, but almost never voice for faster green card processing.
My 2 cents.
1. No corporation would like to get the ire of local population, which does not even understand the difference between legal vs illegal immigration.
2. The longer legal immigrants get stuck in the limbo ... the better for the employers. That's why corporations always ask for more H1B visas, but almost never voice for faster green card processing.
My 2 cents.
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Motivated
10-27 09:29 AM
to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,
You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...
At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!
Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........
You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...
At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!
Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........
more...
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tisha
11-05 03:17 PM
Hi,
I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
3. After filing the I-140 can I travel or do I need a special permission?
Thank you very much for your help
I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
3. After filing the I-140 can I travel or do I need a special permission?
Thank you very much for your help
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rajasaab
10-25 09:21 AM
i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.
also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.
Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!
also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.
Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
schandra
11-25 09:10 AM
Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
gchopefull
10-02 02:54 PM
yes it was approved labour and not a subsitution.
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