rajeshpatl
09-10 11:52 AM
Hi,
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
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shreekarthik
07-01 07:25 PM
I had expected some kind of outlook from the recent AILA - DoS liaison that happened in San Antonio. Both Matthew Oh and Sheela Murthy did not report any outlook. But here's an outlook from another lawyer
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
FredG
April 22nd, 2004, 06:21 PM
I like the DOF. I agree that the shadows are a bit hard. The flash may be a little bright, but the hardness is a result of a small light source.
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martinvisalaw
04-06 12:52 PM
Can any lawyer confirm this, please? Thanks so much!!!
It is unlikely that your husband will have a problem. As another poster said, he just needs to show that he is maintaining H-1B status. A very difficult CIS officer could take the view that he is not maintaining status if he is not being paid the prevailing wage. However, that is very unlikely. Underpaying an employee is an employer violation, not an employee violation.
It is unlikely that your husband will have a problem. As another poster said, he just needs to show that he is maintaining H-1B status. A very difficult CIS officer could take the view that he is not maintaining status if he is not being paid the prevailing wage. However, that is very unlikely. Underpaying an employee is an employer violation, not an employee violation.
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desi3933
06-29 11:51 AM
yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment
Day Trading is NOT share investment. Active Day Tradering is considered as Business from tax point of view. Please contact your CPA for details on day trading and traders status.
_________________
Not a legal advice.
Day Trading is NOT share investment. Active Day Tradering is considered as Business from tax point of view. Please contact your CPA for details on day trading and traders status.
_________________
Not a legal advice.
gc28262
02-28 04:19 PM
Why take risk ? File an LCA.
Anyway LCA is tied to work location, so you probably will have to file an LCA. --My guess
Anyway LCA is tied to work location, so you probably will have to file an LCA. --My guess
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
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pappu
11-20 01:27 PM
If you are a IV member living in NY and want to be actively engaged in the NY chapter activities, please send a PM to bottlemani. If all those in NY get together, it will be easier to plan joint visits to congress people: house members and senators. Even if you don't have a car, we will be able to coordinate better if we know you are willing to spare some time.
I am sure there are many members in NY. It is a big state with several businesses.
Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.
As a first step, please put your name on the NY chapter.
http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.
I am sure there are many members in NY. It is a big state with several businesses.
Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.
As a first step, please put your name on the NY chapter.
http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.
more...
tnite
10-31 10:13 AM
My status is the same as you folks "Document mailed to applicant".Based on responses from other forums it means that the approval notice has been sent.
Will keep you guys posted.
Will keep you guys posted.
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shahraj
01-20 08:24 PM
Hi,
When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?
I would really appreciate any help on the topic.
When I came into the United States, they documented my fingerprints. Now I want to apply for a reentry permit. Do I still have to pay for the Biometric fee? What exactly is it for?
I would really appreciate any help on the topic.
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sdrblr
11-30 03:45 PM
You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.
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newtoh1
03-05 04:10 PM
Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
more...
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breddy2000
07-12 10:48 PM
Hi,
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
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monk097
02-19 09:49 PM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
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uma001
10-30 05:17 PM
How can they ask W2 for all years. Nobody keep W2 for more than 3 years. That what they recomments usually. They used to askf or only 3 years of W2. I never heard anything like this. If they start asking for all W2s, then 90% won't get green cards. They are making life miserable for grene card aspirants
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vvenkat007
05-12 10:50 AM
Thanks for the info. Its very useful.
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05-01 12:01 PM
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pappu
11-09 06:44 PM
Hi,
I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?
Thanks
Could you check and see if your subscription has expired.
I was a Donor few of months ago. Since last month, I am not able to see Donor forum or see my membership as "Donor". Wondering if there are any changes made to qualify one as "Donor"?
Thanks
Could you check and see if your subscription has expired.
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madhu345
07-31 08:25 PM
Just Google Credential evaluation services, you can find couple in your area.
TimN
04-19 06:15 PM
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
paskal
08-28 12:57 PM
but hopefully a lot less :D
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