DSP
09-19 12:46 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
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andavarv
09-28 04:41 PM
Thanks Kirupa for your immediate response.
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
seaken75
10-09 01:32 PM
bump
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manishs7
06-15 04:00 PM
Mine was 4 dyas.. June 1'st week 2007.
Nebraska Service Center
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desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
kaisersose
07-17 11:08 PM
This is where the lawyer comes in. Or someone who has been through this can describe his experience.
As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.
For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.
As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.
For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.
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roseball
03-31 11:11 PM
Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!
I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!
I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
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OTTO
05-13 03:17 PM
Thanks for your reply.
Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?
Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?
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iman.karta
12-28 05:54 PM
Shiva,
Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(
Thanks for your info. Based on these cases you read, do you recall whether they are approved at the end? I am getting a bit worrrier now. ;(
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katrina
06-15 04:53 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.
if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.
Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.
if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.
Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
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Blog Feeds
05-27 12:40 PM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
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GotGC??
02-25 08:30 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
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planets
03-21 02:52 PM
Every drop makes ocean
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rs_nyuser
12-14 08:13 PM
Gurus
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
dresses Target practice
RDB
07-06 12:13 PM
EAD renewal usually takes 60-90 days.....however, you can look for the approx. timelines on https://egov.uscis.gov/cris/jsps/ptimes.jsp and look for the processing times for your service center.
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
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Junky
11-11 11:41 AM
ItIsNotFunny,
Thanks for starting this thread. I have just sent all the four letters even though I am not planning to use the AC21. But I feel sorry for fellow EB's who got rejected because few IO did not know about the AC-21. I get really :mad: P***** O** to see that ppl who are playing by rule have to face hardship at freak'n every stage of GC.
Thanks for starting this thread. I have just sent all the four letters even though I am not planning to use the AC21. But I feel sorry for fellow EB's who got rejected because few IO did not know about the AC-21. I get really :mad: P***** O** to see that ppl who are playing by rule have to face hardship at freak'n every stage of GC.
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pointlesswait
01-06 10:23 AM
just ask your attorney ..if its possible to move from EB to FB category.. you should get ur answer..
better to go get a paid consultaion with murthy..or someone else..
better to go get a paid consultaion with murthy..or someone else..
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whattodo21
04-26 03:26 PM
Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
gclongwaytogo
10-05 03:02 PM
ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Steeler
01-25 01:06 PM
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.