mallu
02-07 01:25 AM
Hi,
I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.
Thanks in advance.
CG
Parents are not considered dependents . So i am not sure they can come on H4 visa. I can understand the situation ( being the only son of my parents with deteriorating health ). Once in a while i think of getting rid of this stay in USA and heading back home and caring for the ones who raised me to adult hood.
There may be more avenues , let more knowledgeable people in this forum comment.
I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.
Thanks in advance.
CG
Parents are not considered dependents . So i am not sure they can come on H4 visa. I can understand the situation ( being the only son of my parents with deteriorating health ). Once in a while i think of getting rid of this stay in USA and heading back home and caring for the ones who raised me to adult hood.
There may be more avenues , let more knowledgeable people in this forum comment.
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kishdam
02-11 02:14 PM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.
In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.
If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
I think that is not really true - You cannot file more than one I485 as in other stages of immigration process (you can file multiple H1B’s; multiple I140’s etc). Because I485 is for adjustment of status to an individual and is unique for each individual. Yes there will be applications for primary and dependent but each of them take a visa number anyway and they have to be counted.
In the I485 – adjustment of status - an applicant can change the preference category (EB2 vs EB3) by interfiling new I140 approval i.e. by suppling the new I140 approval papers which will update an existing I485 but cannot file a new I485. This is true for EB category cases. I am not sure if we can apply I485 in EB and FB categories – I doubt that as well but even if its possible how many people in EB category can have FB application pending? My guess is less than 1%.
If 800K has both FB and EB applications, majority of them may be FB but even in EB there can be huge backlog. Considering country quotas we are looking at very long waits unless the law change.
ksircar
01-25 10:18 AM
As far as I remember, it was discussed earlier in 2006 and we came to the conclusion that Govt. of India has no ineterest in this matter.
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questions
06-10 10:45 AM
Thanks Kothuri.
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
more...
cdeneo
09-21 06:32 PM
I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.
gparr
June 14th, 2005, 03:16 AM
I use Canon gear, so am not much help with Nikon. However, my macro lens is the Sigma EX 105 and I think it is one of the best lens values available. I've owned it for a year now and use it more than any other of my lenses. Autofocus is slow, but I have yet to figure out why I'd want autofocus for macro work, so it doesn't matter. To get more reach, I'm seriously considering the new Sigma EX 150 macro. It is getting excellent reviews and images I've seen are as good as they get. I don't use any other magnifying techniques, so I can't offer any help with some of the other items you mentioned. Here's my current favorite shot with the Sigma macro.
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
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sixpockets
04-15 10:16 AM
TomPlate is correct, I followed the same procedure after being rejected twice.
Here's the supporting FAQ from IRS ...
http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
Here's the supporting FAQ from IRS ...
http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
more...
paragpujara
10-26 11:30 AM
I am 2nd July filer and have received EAD on 09/06. But so far no updates on AP or FP. I guess there are lot many ppl in the same boat.
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02-01 09:34 AM
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psk79
05-27 11:37 PM
I also paper filed EAD on 05/13/2008, Cheques cashed very next day and also received receipt notice by mail on 05/16/2008. So far no FP notices. I also read somewhere in the forum saying no FP's when paper file.
Thanks
ram
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
Thanks
ram
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
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amoljak
03-22 11:13 AM
I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
more...
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jsb
10-30 12:13 PM
^^^^^^bump^^^^^
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
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jungalee43
03-05 11:36 AM
Something is happening on Hill. One more enforcement only bill in Senate. Its on CNN LIVE VIDEO. All senators are talking about not giving drivers license, not allowing to open bank accounts etc.
Well it is our friend from Alabama: - "individual bill is a right approach this year."
Well it is our friend from Alabama: - "individual bill is a right approach this year."
more...
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helpful_leo
02-03 06:42 PM
spgtopper:
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
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gc_in_30_yrs
01-22 06:59 PM
"thank you" looks a small word but it is the only word i have to convey my thanks.
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fighters wont stop fighting until they win.
we are fighters.
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rsdang1
10-13 04:51 PM
no dude..it does not..there is not much it will give us..
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....
In current situation any increase in EB visas will help...
:)
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....
In current situation any increase in EB visas will help...
:)
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meridiani.planum
03-12 06:38 PM
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
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copsmart
02-21 07:36 PM
I feel sorry for your situation, and I know how difficult it is, because I am pretty much on the same boat (I mean, we have a newborn too, 4 weeks old). Except, I recently lost my job and got some severance pay for February. Plus, I took advantage of the law and collected some money from my employer for the return ticket. I ask them to pay cash rather than buying me the actual ticket. So, I do have some time to breath.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
binadh
07-11 01:56 PM
I think its a different Gonzalez. E Gonzalez hired another Gonzalez to sign the mail receipt.
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
payur
07-14 03:35 PM
what do they mean with "USCIS expects to provide in time-compliance for receipting of form types listed below:" and then lists the date 7/18/07 for I-485 in Nebraska Service Centre.
I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.
Is yours EB2?
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.
Is yours EB2?
Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.
Will have to wait another 2 weeks to know the facts.
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