ladyliberty
09-23 11:23 PM
Hi!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!
wallpaper lack and white kissing
aadimanav
11-02 10:22 AM
I think since in their case there is not Labor Certification process so their PD is the day they file I-140.
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
CantLeaveAmerica
12-08 05:37 PM
not a redundant mail..just their process.
I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)
I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)
2011 lack and white, girl, kiss,
vdlrao
11-19 03:50 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
more...
krishnam70
02-20 07:55 PM
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
TwinkleM
07-16 05:48 PM
bump...
more...
GCBatman
04-13 10:03 AM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
2010 lack and white kissing
meridiani.planum
04-01 03:34 PM
inline...
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.
RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.
If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?
the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.
Can't I myself respond to the RFE?
no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer
more...
raysaikat
05-07 09:27 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
hair of lack and white images.
Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
Yep! Hey who knows? This might be your year too! :D
Yep! Hey who knows? This might be your year too! :D
more...
dbevis
October 23rd, 2003, 11:59 PM
Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.
Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.
Don
Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.
Don
hot lack and white photography
lazycis
12-05 04:25 PM
Correct. PR does not have an expiration date. Even though GC itself has a validity period, failure to renew it does not have effect on your PR.
more...
house kiss. lack and white.
onemorecame
10-22 02:43 PM
Hi Gurus,
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
tattoo kissing black and white
franklin
06-15 07:30 PM
Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too
more...
pictures Photo. Thursday, Sep 24, 2009.
tonyHK12
10-11 12:58 PM
minor correction, the bill number is S.1085. The thread heading says S.0185, which is actually rhode island medical marij***na :)..... well, its supposed to be a good pain killer.
dresses lack and white, couple, kiss,
krishnam70
05-08 03:52 PM
Thanks. Great to see someone active and contributing despite getting the greencard.
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal
-cheers
kris
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
I have benefited by using IV though I joined late but I like the work IV is doing and try to do my bit in whatever way i can. I wish more people start working towards the common goal
-cheers
kris
more...
makeup Kissing Black and White Street
vin13
05-19 09:38 AM
That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.
I read a poem by V.Sundaram about our incompetent do nothing PM of India (
We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.
Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
I read a poem by V.Sundaram about our incompetent do nothing PM of India (
We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.
Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
girlfriend lack and white photography kiss. lack
Libra
08-10 11:52 AM
I wonder how people will come up with such questions, i never even thought about it. And i dont think it's a problem. It's just my opinion per my experience.
hairstyles wallpaper kissing black and
paskal
10-02 05:03 PM
C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
macml
01-29 05:44 PM
Sorry, I can't help you out on how to fill out the application. My lawyer did it for me.
newuser
07-11 02:30 PM
Count me in. Just sent a PM
