sunnymit
08-10 01:45 PM
Hello,
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
Indian marriage certificate is fine. I am curious though.. How did you intend to register the marriage in US? The only way I know is that you will need to get married here in US to get a marriage certificate here. No?
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
Indian marriage certificate is fine. I am curious though.. How did you intend to register the marriage in US? The only way I know is that you will need to get married here in US to get a marriage certificate here. No?
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Yeldarb
10-28 10:37 PM
How much do you expect the "earnings" to be?
Raj_345
07-11 11:24 AM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
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starscream
04-21 06:28 PM
Sid,
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
I am sorry to hear about this.
- What was the RFE about?
- Are you employed by a consultant or employed full-time at a company's location?
- Did your employer have any profit isseus / layoffs reecently?
- Is your employer TARP funded?
- Do you have your EAD?
I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.
Hi Everybody
My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal
My company said there are 2 options
1) file an appeal. they are pretty confident that the appeal will be in my favor
2) have another company file a new h1.
what do you guys suggest? Can i do both simultaneously?
Help will be greatly appreciated. I have never had visa issues till now.
thanks in advance
more...
aadimanav
12-11 01:41 AM
Thanks Pappu
walker15
04-06 06:38 PM
Hi tabletpc,
Sorry to hear that your father is admitted in hospital. Hope everything will be fine.
As a returning H1B employee you are eligible for emergency appt. Eventhough you don't see vacant spots, you should keep logging frequently to grab cancellations(vacant) appts.
FYI: I just browsed and saw many appts available for the month of April for WORKING IN THE USA OPTION.
Good luck
Sorry to hear that your father is admitted in hospital. Hope everything will be fine.
As a returning H1B employee you are eligible for emergency appt. Eventhough you don't see vacant spots, you should keep logging frequently to grab cancellations(vacant) appts.
FYI: I just browsed and saw many appts available for the month of April for WORKING IN THE USA OPTION.
Good luck
more...
goel_ar
09-30 08:48 PM
My wife's H1 got approved & it is valid from October Ist. When she went to Social Security Office today 9/30 - they denied saying they can't pull up her information in their system (from INS) & hence they can't issue the SSN.
She was carrying her I-797 approval (along with I-94).
Anyone else faced a similar situation ? Any suggestions.
She was carrying her I-797 approval (along with I-94).
Anyone else faced a similar situation ? Any suggestions.
2010 vanessa paradis, his wife,
24fps
02-24 07:20 AM
It's going to get worse from here, atleast the good thing is people who are "breaking" the laws or working through loopholes will sober up and it might turn out to be a goodthing
as long as existing rules are followed it should be ok, the problem will arise if the protectionists come up with absurd compliances, hopefully there will be a balancing act that follows and works out for the better of the system.
as long as existing rules are followed it should be ok, the problem will arise if the protectionists come up with absurd compliances, hopefully there will be a balancing act that follows and works out for the better of the system.
more...
sprash
03-02 04:55 PM
I was interviewed by American Public Media's "Marketplace (http://marketplace.publicradio.org/)" regarding my experience with this issue. She introduced this research by Wadhwa asked me I was considering going back, but I am not considering that option. I did highlight the woes of legal immigrants, but while she empathized with our situation, she was more interested in stories of people who are planning to go back.
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
hair |johnny depp and his wife|
krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
more...
Asfandyar
09-02 06:40 PM
"U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers "
Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship
--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:
NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
Senate Judiciary Committee
Subcommittee on Immigration, Border Security, and Citizenship
--------------------------------------------------------------------------
DATE: August 31, 2006
TIME: 09:00 AM
ROOM: University of Texas at Dallas
OFFICIAL HEARING NOTICE / WITNESS LIST:
NOTICE OF SUBCOMMITTEE FIELD HEARING
The Senate Committee on the Judiciary Subcommittee on Immigration, Border Security and Citizenship has scheduled a hearing on "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers" for Thursday, August 31, 2006 at 9:00 a.m. at the University of Texas at Dallas, The Erik Jonsson School of Engineering & Computer Science, TI Foundation Auditorium, Building ECSS, Richardson, TX.
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Mahatma
06-04 12:49 PM
Please make the following correction in my earlier post.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
more...
house johnny depp and his wife. His Wife, Kid, and Johnny
Ram_C
11-08 01:45 PM
Thanks so much RAM C.
I have one more question.. if possible could you please clarify this also for me..?
I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.
My I-94(at POE) and Visa stamping expired in 2006.
Got extension till 2007, and then got H1B, followed by EAD.
I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?
Sorry.. for all the questions.. I tried to call the local office but couldn't get through...
THANK YOU
I REALLY appreciate your answers..
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
I have one more question.. if possible could you please clarify this also for me..?
I don't know the procedure for obtaining SSN, but i gathered that I have to show my I-94 at the SSA office, along with passport and other ID's.
My I-94(at POE) and Visa stamping expired in 2006.
Got extension till 2007, and then got H1B, followed by EAD.
I haven't been outside the country, so my current valid I-94 is part of my H1 appoval notice...so do I have to show my H1 also?
Sorry.. for all the questions.. I tried to call the local office but couldn't get through...
THANK YOU
I REALLY appreciate your answers..
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
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pt326bc
09-27 01:59 PM
Most likely you received the original FP notice and the lawyer received the courtesy copy (like in my case).
You should take the original FP notice (if possible) which is what my lawyer told me; although if your notice doesn't arrive (missing or stolen) then you could take the one which your lawyer received.
Just my 2 cents not a legal opinion.
Regards.
You should take the original FP notice (if possible) which is what my lawyer told me; although if your notice doesn't arrive (missing or stolen) then you could take the one which your lawyer received.
Just my 2 cents not a legal opinion.
Regards.
more...
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sertasheep
03-31 01:15 AM
Excellent newspiece, there. Here's hoping you're able to sort out your situation, Anand. By the way, salaries in India are now nearly 1/3rd of that in the US(in the bigger companies, of course)
dresses Later, his wife introduced him
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
more...
makeup Johnny Depp made his feature
tabletpc
08-20 02:30 PM
Thanks a lot for response guys...
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
girlfriend his wife (Vanessa Paradis)
thomachan72
11-05 06:21 AM
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
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ilwaiting
04-12 08:45 AM
1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed
2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.
Contact a good attroney.
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.
Contact a good attroney.
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
bandoayan
12-21 11:50 PM
Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.
Please share if anyone has any idea one this
Thanks
-MK
My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!
Please share if anyone has any idea one this
Thanks
-MK
My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!
485Mbe4001
04-12 01:47 PM
I think IV member idlinginc
added the entry yesterday...
http://immigrationvoice.org/forum/showthread.php?t=4006
thanks for your help, maybe idlinginc can help us with the effort to maintain the wiki page and list
added the entry yesterday...
http://immigrationvoice.org/forum/showthread.php?t=4006
thanks for your help, maybe idlinginc can help us with the effort to maintain the wiki page and list
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