MetteBB
05-11 03:50 PM
and a Kiwi
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ramidiskr
01-10 01:34 PM
Thanks for the reply..
I am applying for my H-1 extension and If she gets a H-4 visa in india and comes back she should be fine right?
Thanks Again in Advance..!!
I am applying for my H-1 extension and If she gets a H-4 visa in india and comes back she should be fine right?
Thanks Again in Advance..!!
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krishmunn
05-11 08:24 AM
Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.
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saajed
11-15 10:43 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
more...
gova123
07-27 05:25 PM
Hi Guys:
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
kaisersose
07-27 02:48 PM
Thanks. I will ask my employer if they can provide me one.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
more...
ns33
01-18 01:12 PM
Actually, IIRC, in 2001/2002, DOL denied a lot of RIR LCs from big corps. There was the infamous Zeigler memo that affected Texs DOL region the worst. Lucky for west cost I think Cal DOL did not take that into account. Not sure about other parts of country.
NS
NS
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Cherry2006
06-28 12:25 PM
Guys...Thanks for the suggestions .
I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .
Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.
I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .
Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.
more...
sareesh
03-30 08:10 AM
Thank You all for your feedback and I am still not clear if I can attend Halifax for my H1B visa, which is expired on 12/09/2006(from company A).
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FOR_LIBERTY
11-13 10:59 AM
Folks,
I have recently moved to Houston. Count me in as a member of Texas chapter.
I have recently moved to Houston. Count me in as a member of Texas chapter.
more...
Sachin_Stock
08-13 02:01 PM
So what are you complaining about :)
Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
Remember, its for you future employment, and in all good faith, you MUST join the company where you now have Eb2.
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GC4US
11-02 02:10 AM
Got Ead on Nov. 1st, please see my signature.
more...
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GreenCard_Soon
05-25 01:44 PM
Just sent the fax.
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ak_2006
05-05 05:52 PM
Got it
more...
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neoklaus
11-01 01:44 PM
EB3(ROW)
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1
FP(notice): Oct.22
FP: Nov.9
EAD: me+child:Oct.24
wife- not yet
AP: nothing
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sk.aggarwal
05-23 11:09 AM
Yes, but if I were you, I would definately check with my attorney.
more...
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Raj12
04-30 11:45 AM
As far as I know, H4's are allowed to do 'voluntary non-paying work' in the US and are not allowed to compete for jobs in the US. In my opinion, if you are working for an indian company and getting paid in Indian currency without hurting the US job market, it should be OK. An excellent point was made earlier about home maintenance activities and baby care activities that are also part of broader terminology of 'work' and 'job'.
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samcam
05-19 02:39 PM
Welcome to our newest member, mmohan03
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saketkapur
07-27 05:24 PM
ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
seahawks
01-01 05:10 AM
congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!
imind
03-12 03:37 PM
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
Thanks.
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