masterji
07-21 08:17 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
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abhatti
10-09 10:33 PM
Just to share my experience in Minnesota regarding the subject. My liscense was due for status check. I took my I-485 reciept notice to DMV, they made a copy and faxed it to St-Paul DMV. St-paul office did not said or replied any thing untill I got my new driver's liscense with the same status check date and then I recieved a letter saying I have two more days before I could submit the status evidence before I will loose my driving previliges.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.
sriramkalyan
06-04 10:25 AM
That is last year bill ..
It does not Point Based Immigration , Z visa, Y visa provisions
It does not Point Based Immigration , Z visa, Y visa provisions
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goodiespan
11-30 01:42 PM
Hi everyone
My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.
Our experience:
Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
Which employer?
How long on H1B?
What do you do?
Has immigration petition been filed? (Yes)
Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
Why stamping in Canada?
Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!
Please feel free to ask any question! Good luck!
My husband (H1B) and I (H4) We live in Chicago and wanted to get H1B visa stamp in Canada. My husband has been on H1B since 2003 and he is NOT in IT field.
Our experience:
Step 1: Put together all the documents and take a appointment date in Ottawa (Toronto had a long wait and we had heard a few horror stories so to be on a safer side)
Step 2: Went to Detroit to get a Canadian Visa. Very straight forward the only question we were askes was "Why are you going to Canada for a visa stamp?" We got our passports the same day. This can be done via post as well!
Step 3: We drove to Ottawa - 15 hours from Chicago. Crossed border in Niagara, NY. It was very cool. Hardly 30 min wait in the queue and 5 min wait at the window. We didn't even got out of car.
Step 4: After spending weekend in Niagara and Toronto reached Ottawa on 22nd Nov for visa appointment on 23rd Nov, 9 am.
Step 5: My husband reached consulate at 8:45 am (We stayed 10 min from the consulate in Quality Inn hotel, Ottawa) He was asked very basic question. Such as:
Which employer?
How long on H1B?
What do you do?
Has immigration petition been filed? (Yes)
Do you have the document for labor? (No I only got H1B relevant documents.. Sorry!)
Why stamping in Canada?
Step 6: He was told that his passport will reach DHL office on either Thurs or Fri (2-3 working days)
Step 7: We came back to Ottawa on Thursday (26th Nov) after spnding one day in Montreal and one day in Quebec city. We straight away went to the DHL office (timing are 8:00 - 18:00 closed Sat, Sun) They had his passport ready even when online the status was saying no info !!
Step 8: Friday - 27th Nov we drove back to US and crossed border at 1000 Island bridge in NY. We had to get out of our car and they issued my husband a new I 94 (nothing for me) because he didn't have a white I -94 he only had a bottom part of his I 797 approval. They charged $6 for I 94. They were very friendly unlike immigration at airport!!
We reached home on Saturday after a fabulous road trip along with a successful visa stamping!!
Please feel free to ask any question! Good luck!
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arjunram
04-22 10:24 PM
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
venetian
07-09 07:34 PM
My lawyer also confirmed that a person on H1 can use AP for travel and can continue to work for the same employer with H1 and has to extend the H1 to come back to H1 status and to continue to work on H1.
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
I had asked Ron Gotcher on his forum the same question.....below is what he had to say obout it.......
You should be ok......just keep renewing your documents.
Entered on AP,valid H1B,do I need to get I-94 extented - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/adjustment-of-status/6412-entered-on-ap-valid-h1b-do-i-need-to-get-i-94-extented.html)
Re: Entered on AP,valid H1B,do I need to get I-94 extented
--------------------------------------------------------------------------------
Don't worry about an advance parole I-94 expiring. There is no penalty if you overstay beyond the period authorized on an advance parole I-94. I don't know why they put an end date on those. There is no way to extend them other than leaving the US and re-entering. More to the point, there can't do anything if your overstay.
__________________
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smuggymba
09-15 09:52 AM
Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.
so, with 1000 ppl...20 per months. = 20K.
so, with 1000 ppl...20 per months. = 20K.
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sandy_anand
06-04 09:54 AM
Thats the Senate and House for you...they get up very late since they party late into the night!...:)
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chapsi29
06-25 10:29 AM
Hi all,
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
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Dhundhun
11-21 06:11 PM
Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.
I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.
If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO
Good luck
I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.
If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO
Good luck
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map_boiler
09-25 05:27 PM
I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.
he is still eligible to file.
he is still eligible to file.
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gcwait2007
12-29 11:23 PM
Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
Hi,
What is this email from CRIS, you are mentioning?
You may be getting your AP?? or GC itself now? Let us hope for the best.
Regards
This is getting me really tensed :-(
Hi,
What is this email from CRIS, you are mentioning?
You may be getting your AP?? or GC itself now? Let us hope for the best.
Regards
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jcrajput
10-01 11:31 AM
They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.
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anemmani
01-04 10:11 AM
H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)
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Maverick1
08-13 11:17 AM
OCI's can work without visa. ALL PIO's are eligible for OCI.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
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ca_immigrant
02-11 12:08 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
more...
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ashkam
07-24 09:44 AM
Hi..what is "succession of interest" document...is it the actual 'merger' contract ?
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
Hello Ravi
You need to talk to someone in the law firm (if possible) who did all the paperwork for the merger because they would be the ones to know about this clause. If that's not possible, talk to your HR and ask them to get this clarified from the lawfirm. The succession of interest document is something which your company has to provide to the CIS. I don't know if they would need to attach the merger contract as evidence.
Other problem i have is getting hold of an attorny as all are busy with the aug.17th deadliners...let me know any good ones in central,NJ area. Thanks
Hello Ravi
You need to talk to someone in the law firm (if possible) who did all the paperwork for the merger because they would be the ones to know about this clause. If that's not possible, talk to your HR and ask them to get this clarified from the lawfirm. The succession of interest document is something which your company has to provide to the CIS. I don't know if they would need to attach the merger contract as evidence.
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aamchimumbai
07-23 09:43 AM
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
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pappusheth
05-21 05:01 PM
when me and my wife went for fingerprinting (in late 07 after that July fiasco), the person who finger printed my wife told her that she would get her green card in 6 months.. I didn't bother thinking about it since I knew that the dates were no longer current and knew his statement was not grounded. We've, off course, not received our green cards till now..
I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.
Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..
I think they just make a generic statement and they are unaware of retrogression, priority date, per country limits etc. He must have heard from somewhere that people get green cards 6 months after finger printing is done (which would be true in all cases that are not from India, China etc) and said it casually.
Now in your case, I'm not sure if his statement was based on anything really seen in the system or just a generic one.. I guess it's just a casual one..
pnjbindia
12-11 12:44 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
GC Struggle
03-11 03:05 PM
PM me if you have any questions
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