sunflowershower
12-03 12:50 PM
Hi,
I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:
PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen
Would really appreciate any help,
I asked my family immigration lawyer but she is completely clueless as to what I need to do.
I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:
PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen
Would really appreciate any help,
I asked my family immigration lawyer but she is completely clueless as to what I need to do.
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logiclife
04-28 12:43 PM
This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
GCard_Dream
06-18 04:42 PM
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
2011 We mean really.
the_googly
08-22 02:14 PM
ND: Jun 26 08
Approved on Aug 19th 08
Don't worry.. they are catching up.
Approved on Aug 19th 08
Don't worry.. they are catching up.
more...
brad_sk2
09-26 12:30 PM
How long does it take to get EAD card by post after Finger printing is done?
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
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leo2606
12-22 12:56 PM
now I got it, 'sweet23guyin'
Please contribute to IV.
Please contribute to IV.
more...
HOPE_GC_SOON
05-04 10:49 AM
Hi Immi2006:
thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.
Let us hope for the best.. :rolleyes:
Thanks,:)
THose are labour filed.
It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.
One thing that emerges clear from the data pattern :
Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.
thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.
Let us hope for the best.. :rolleyes:
Thanks,:)
THose are labour filed.
It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.
One thing that emerges clear from the data pattern :
Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.
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amitkhare77
11-16 12:19 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
more...
Chicago Desi
03-31 11:14 AM
...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.
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pom
09-04 08:52 AM
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StuckInTheMuck
07-11 06:26 PM
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).
Thanks
It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).
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tabletpc
07-30 09:13 AM
Sad to know about u r situation and hope u will get out of it soon.
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
Remember when a emplyee losses job ts the responsibility of the emplyoer to report to USCICS to cancel the H1B for that employee. Just wondering if u r employer has/not reported to USCICS. Talk to them and try to get some time until u can transfer u r h1b....!!!!
As of porting....yes you can port PD once u r i-140 is approved. Is u r I-140 approved..??if its pending..u could be at risk if u get RFE and u r employer don't respond on time. Then you can't have n approved i-140 so will not be able to port PD. However if u have approved i-140 then , all u need to do in new job is get PERM done and use the earlier PD.
You can port PD from Eb3 to any employment category.
Did i answer u r queries...???
Good luck
more...
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morchu
04-21 02:45 PM
Try to be "truthful" in the "intent".
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
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skodu
08-16 01:59 PM
My Company charged 2 of colleagues for their Spouses application fees, but covered their legal fees couple of years back. But they covered everything for me and my wife this year June. It varies company by company and trust and between the Employee and Employer and value of the Employee.
more...
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indianindian2006
10-09 08:34 PM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
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nzhind
07-11 10:07 AM
I recently got this job at a check printing (http://www.chequeprint.ca/check-printing.php) company in the US. They create custom made business checks (http://www.chequeprint.ca/check-printing.php). The catch is that i need to take care of all my visa procedures myself. What are the procedures involved with regard to medical exams? Can anybody please help me out with this?
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01-19 11:17 PM
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seahawks
04-28 11:52 AM
See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html
My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are
1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.
Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.
I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now. [/QUOTE]
I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.
My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are
1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.
Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.
I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now. [/QUOTE]
I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.
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fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
vivache
10-05 05:41 PM
Hi
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
Aah_GC
07-25 10:14 AM
Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.
Good luck.
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
Good luck.
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
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