dan19
09-29 07:26 PM
Is there any problem if your passport is expired while on H1 visa?
Do we need to get the passport renewed before it is expiring?
Do we need to get the passport renewed before it is expiring?
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FinalGC
02-24 09:08 AM
My wife is studying for Nursing and hence I know the anser. Either General Nursing or BSN will allow you to give the RN exam. However, before that have your crendtials evaluated by www.wes.org, so that an US equivalency is established. Based on that you can apply for the RN exam.
General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.
General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.
krishgaay
07-28 11:08 PM
Hi,
I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.
My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.
2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.
3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.
4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.
Any advice on her options is appreciated.
Thanks,
Krishna
I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.
My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.
2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.
3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.
4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.
Any advice on her options is appreciated.
Thanks,
Krishna
2011 Victoria (Posh of the Spice
sertasheep
04-03 06:08 PM
ANSWER:
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
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123Wait
10-25 05:58 PM
I attended the last telecon and it was very informative. Let show our issue to the real person "Ombudsman". where things move faster!!!!
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
waiting_4_gc
08-24 08:00 PM
Hello Gurus,
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
more...
raamskl
07-08 03:38 PM
Gurus,
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
Or should I wait for the outcome of lawsuit
please advise
If you can, I would suggest to wait a month at the least. Information is changing by the day and you will have a better picture of where the case is leading to in that timeframe.
Good luck.
2010 David and Victoria Beckham
raviram1980
03-14 12:48 PM
Thanks a lot for your replies. I will ask my brother to take a proof from the college before going.
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anilsal
09-06 01:57 AM
I also request you to send emails directly to these folks. With the rally approaching, I am sure the core is swamped with logistics.
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kondur_007
04-17 10:35 AM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
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paskal
08-16 01:36 PM
/\/\/\/\
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pibeeneri
12-20 05:44 PM
And yes I Have The Lin Number... The Officer Told Us By Phone...
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ramaonline
12-08 11:04 PM
H1B requires a minimum of bachelor's degree which is 16 years of education. Also, 3 years of work experience is considered equivalent to 1 year of college education.
You can qualify for H1B if you have some experience in addition to the 3 year degree
You can qualify for H1B if you have some experience in addition to the 3 year degree
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snathan
09-15 09:11 PM
I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
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gcby2099
05-04 08:19 AM
4 months ago they both lost jobs and they had a baby girl in Feb, his in-laws are visiting them and his is actively searching for new job. Last night I informed him about IV.
I would like to help him reg this status issue..
I would like to help him reg this status issue..
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iman.karta
12-27 04:02 PM
Hi all,
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
more...
makeup Victoria#39;s Armani photo shoot
maddipati1
01-08 09:08 PM
i was trying to take an InfoPass appointment for AP Expedite Proc.
it doesn't give an option for this. anyone did this already? what option did you select?
appreciate your help.
the only options given are below.
Services on a case that has already been filed
--------------------------------------------
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
1. Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
2. Case Processing Appointment - If you received a notice to go to your local office for further case processing.
3. EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
4. Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
it doesn't give an option for this. anyone did this already? what option did you select?
appreciate your help.
the only options given are below.
Services on a case that has already been filed
--------------------------------------------
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
1. Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
2. Case Processing Appointment - If you received a notice to go to your local office for further case processing.
3. EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
4. Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
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yestogc
04-07 06:49 PM
I always belive Premium is better and this is just a rumour that it attracts RFE.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
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morchu
04-22 02:02 PM
NO. It is not OK.
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
number30
05-16 08:06 PM
Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
An estimation will be much appreciated thank you very much.
I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.
An estimation will be much appreciated thank you very much.
I cannot give you any estimation But my question is why can't you file I-485. Any one who pending marriage based I-130 should be able to file I-485. Double check this with another attorney.
calaway42
10-06 01:07 AM
tahnx and sorry :)
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