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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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ashmeetk
07-12 03:21 PM
says you are exempt from cap if you held H1B status anytime in the last 6 year
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
moonrah
05-16 05:34 PM
called ...
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tikka
08-07 11:31 AM
how bad can that be.. :D
any other tri state members want to be a part of IV?
any other tri state members want to be a part of IV?
more...
jnraajan
03-20 05:19 PM
The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.
If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.
The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.
Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.
Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.
It is true what you are saying, but only partially. The outgoing President cannot change the laws. He can only do what could be an administrative fix. So, lobbying for these administrative fixes is the campaign that we already started. Hopefully, The President can do that.
If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.
The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.
Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.
Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.
It is true what you are saying, but only partially. The outgoing President cannot change the laws. He can only do what could be an administrative fix. So, lobbying for these administrative fixes is the campaign that we already started. Hopefully, The President can do that.
singhsa3
11-15 09:56 AM
As I've said earlier. IV is you, you are IV. If you are in the similar situation as we are and by expressing your desire to do something about it, you automatically become a member of IV.
But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
to communicate with our members. So please sign up...
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
to communicate with our members. So please sign up...
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
more...
sathyaraj
11-15 05:04 PM
I meant the same, they will ask only for your current employer paystubs and RFEs not the future employer. but if there is substantial difference in wages then there could be some potential problems. This is to asses your intentions whether you will continue to work with the same job as mentioned in ur LC.
No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.
No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.
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nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
more...
pd_recapturing
12-13 02:43 PM
My sincere advice - if u are here currently on a visa then forget about applying for GC..! Complete your education and get ur degree. Then - PACK UR BAGS AND GO TO ANOTHER COUNTRY OR just go back home.! This GC is bussiness is honestly not worth it anymore.!! Sorry if i sound frustrated or disheartening but I'm only being practical & realistic.!
I second it. rkat's every word is right. Please do not make your education decision just based on GC EB2 or EB3
I second it. rkat's every word is right. Please do not make your education decision just based on GC EB2 or EB3
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greencardfever
12-11 01:37 PM
Is it 6 months for both, EAD and AP or just EAD? If it's just EAD, then how soon can I renew my AP?
more...
Be_Pragmatic
07-23 05:16 PM
I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?
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WillIBLucky
12-13 11:58 AM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
more...
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kevnss
03-18 03:06 PM
Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.
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pd052009
03-07 10:02 AM
out of the country indefinitely and then come back lets say after 10 yrs?
Lets pray the dates would be current by then...
Lets pray the dates would be current by then...
more...
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sac-r-ten
03-22 10:34 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
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satyasrd
06-14 08:56 AM
This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
more...
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meridiani.planum
02-20 01:00 PM
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
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punjabi
09-29 09:57 AM
My cousin went for her sister-in-law's wedding and at New Delhi airport, the Customs Officer asked her to show the bag. Apparently, there was good amount of jewelry. And she had to declare it in her passport.
She was not charged any duty but she had to show it again during the departure.
Hope it helps.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
She was not charged any duty but she had to show it again during the departure.
Hope it helps.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
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mpadapa
08-15 02:28 PM
give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
aranya
07-03 05:30 PM
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
akred
06-03 02:17 PM
akred,
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
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