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TexDBoy
06-01 05:36 PM
Hi all,
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
wallpaper Tiger Woods Mistress Rachel
viper673
06-24 02:55 PM
A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.
I can't find the document, but he swears that he read it..
I can't find the document, but he swears that he read it..
485Question
09-18 12:32 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
Live
http://dcrally.blogspot.com/2007/09/live-photo.html
Live
http://dcrally.blogspot.com/2007/09/live-photo.html
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NH123
01-12 11:22 PM
I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.
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learning01
04-06 01:12 PM
Else where in IV (http://immigrationvoice.org/forum/showpost.php?p=7026&postcount=172), I posted that the core bill under consideration is Specter S.Amdt 3192, which has already amended Specter's S.2454. So, the Hagel-Martinez 3 core provisions will be added to S.Amdt 3192.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
bombaysardar
08-01 09:18 PM
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)
Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)
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mhkumar
03-24 06:02 PM
http://ac360.blogs.cnn.com/2009/03/24/goodbye-chang-so-long-singh/
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bobzibub
11-06 02:23 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
more...
guest1978
05-13 10:08 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
__________________
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ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
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LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
hot TIGER WOODS MISTRESS (RACHEL
seahawks
09-22 03:28 PM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
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number30
05-13 06:24 PM
Can anyone tell me how serious this is?
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
Do not worry, nothing will happen. Typo happens. One of my friends entered his wife's birth day as his Birthday. We sent correction letter mentioning what happened. USCIS acknowledge the changes in a response and he got his green card. This was in early 2009.
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
Do not worry, nothing will happen. Typo happens. One of my friends entered his wife's birth day as his Birthday. We sent correction letter mentioning what happened. USCIS acknowledge the changes in a response and he got his green card. This was in early 2009.
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snathan
02-15 10:01 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.
Appreciate advice.
See the answer above
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pictures Tiger Woods#39; alleged mistress,
fromnaija
04-29 05:13 PM
"Oversight" is correct as Visa Office was responding to House Committee that has oversight function for immigration.
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
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skd
08-21 07:46 PM
??
From USCIS Case Status Website
From USCIS Case Status Website
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pasa0202
03-28 09:15 PM
Its true... I am also in the same situation. My perm applied in Jan 2010 and H1B getting expired in Apr 2010, my company planning sending me to India to work from there. My attorney told me that once perm get approved then they can apply for I 140 even I am out of the country.
And then apply H1 B ext. and can come back to US. Let see how it works.
And then apply H1 B ext. and can come back to US. Let see how it works.
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santa123
06-16 06:55 PM
If one had done his/ her bachelors and worked for 5 yrs and did Masters (online) and worked for 4 years after Masters, can he/she claim Masters with 9 yrs of exp?? Pls clarify.
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
sreenivas11
01-02 07:39 PM
I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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