Dhundhun
07-21 09:32 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
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amitk81
03-17 02:54 PM
Hi,
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.
I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.
e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.
my 2 cents
This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.
I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.
e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
But it you shift from IT to sales with the same salary there would be an issue.
my 2 cents
dilbert_cal
06-24 09:24 PM
If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
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chinnailu
04-19 11:18 AM
What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)
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ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
payal_nag
11-27 04:40 PM
I saw that too, but my problem is that i already had an appt for 3rd week of dec but I had an issue with my passport. Had to send papers for getting my name changed to my married name on the passport as the latest I797 i received was on my married name (noticed this only recently). Now I cannot change the name, passport etc on an existing appointment so will have to cancel the one I have. And currently only emergency appts are available for 3rd and 4th week of dec. Hence the dilemma!!!!!
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immilaw
09-18 04:15 PM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.
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MIKEDAVID
07-29 09:36 PM
Yes, you can.
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aries
11-30 10:03 AM
Hi All,
My application reached california service center on nov14 th for H1B extension. I am still waiting for the receipt notices. How long long does it take. Anyone in a similar boat.
Thanks for the response.
My application reached california service center on nov14 th for H1B extension. I am still waiting for the receipt notices. How long long does it take. Anyone in a similar boat.
Thanks for the response.
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sgudge
02-12 05:37 PM
My mother recently got a tourist visa for 10 years. I know that when she enters USA she will get I-94 which will be valid for 6 months, and she has to go back before the I-94 expires. My question is:
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?
According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?
2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?
Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.
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andy garcia
05-22 05:11 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
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90210
07-19 10:57 AM
Thank you Solaris.
But what I need is the Employer Offer letter to me. They gave me a letter with some 3 lines saying my job title, Salary and start date. It does not include the Job responsibilities. It does not even say the word "Full Time". When I asked them they said that is their standard format.
Do you have format that I can use. I want to send them and insist that I get the letter in that format.
But what I need is the Employer Offer letter to me. They gave me a letter with some 3 lines saying my job title, Salary and start date. It does not include the Job responsibilities. It does not even say the word "Full Time". When I asked them they said that is their standard format.
Do you have format that I can use. I want to send them and insist that I get the letter in that format.
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punjabi
01-07 10:49 AM
This bill won't get passed.
This bill will only help their media groups get some sensationalizing material to raise their publicity, but there is absolutely no way it can get passed.
Rep. Steve King (R-Iowa) isn’t wasting any time with his immigration agenda, dropping a bill on the first day of Congress that goes after birthright citizenship.
...
...
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
This bill will only help their media groups get some sensationalizing material to raise their publicity, but there is absolutely no way it can get passed.
Rep. Steve King (R-Iowa) isn’t wasting any time with his immigration agenda, dropping a bill on the first day of Congress that goes after birthright citizenship.
...
...
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
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sunny1000
11-10 04:05 PM
hi all
a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????
any insight are appreciated
There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.
a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????
any insight are appreciated
There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.
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baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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diptam
07-09 08:21 PM
I also saw the Murthy Post just now.... AILA needs plaintiffs...
What happened to their own plaintiffs - even couple of days back they
said that they more than sufficent plaintiffs...
Are you guys filling up PLAINTOFF form ? The problem is that AILA /AILF
is a blackbox ... You can see that they are exchanging emails but cant read the content of email... ONLY FOR MEMBERS :mad:
Both
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
What happened to their own plaintiffs - even couple of days back they
said that they more than sufficent plaintiffs...
Are you guys filling up PLAINTOFF form ? The problem is that AILA /AILF
is a blackbox ... You can see that they are exchanging emails but cant read the content of email... ONLY FOR MEMBERS :mad:
Both
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
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jonty_11
07-25 04:07 PM
wouldnt it be better to check the earliest apptt available on the INFOPASS website rather than here..Just a thought.
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mukuraj
05-23 01:31 PM
I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
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rhlsur
05-06 08:23 PM
I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
gc_kaavaali
06-29 05:45 PM
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/16239-my-gc-got-approved-while-abroad-how-do-i-re-enter.html
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