desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
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Carlau
01-10 10:31 PM
We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!
Dish: The idea is great, if you go to the link that I posted (the official link to that proposed legislation) you will see that they talk about all the non immigrant visas and their spouses and minor children, so they should add all those same things under the H-1B parragraph in the part talking about the rights of the H-1B dependants. I do not know exactly how from a conversatioin between us goes to the IV core, and then to QGA, and then to the Senate, but anyways, this is a start.
Dish: The idea is great, if you go to the link that I posted (the official link to that proposed legislation) you will see that they talk about all the non immigrant visas and their spouses and minor children, so they should add all those same things under the H-1B parragraph in the part talking about the rights of the H-1B dependants. I do not know exactly how from a conversatioin between us goes to the IV core, and then to QGA, and then to the Senate, but anyways, this is a start.
webm
10-24 12:22 PM
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
May be even though your PD is current,but according to CIS shit rule your receive date should also fall under the ProcessingDates and then only IO will look over your case i guess...:(
This is what happened when i was current in May/June'08 told by Infopass/IO response..again back to circle waiting waiting..
-----------------------
PD:EB3-I Oct,2001
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
May be even though your PD is current,but according to CIS shit rule your receive date should also fall under the ProcessingDates and then only IO will look over your case i guess...:(
This is what happened when i was current in May/June'08 told by Infopass/IO response..again back to circle waiting waiting..
-----------------------
PD:EB3-I Oct,2001
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ItIsNotFunny
04-13 01:04 PM
I guess they are on their way to make ROW current in all categories. Good news for ROW, not encouraging news for India & China annddddddddd Mexico too!
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Sheila Danzig
02-25 09:07 PM
Thank you - that is good to hear.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
raysaikat
07-19 09:33 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
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mbawa2574
07-06 09:02 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
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WillIBLucky
06-19 02:26 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
Thanks,
Jayant
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
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harsh
12-30 12:56 PM
USCIS will not look into your tax records for H1b approval. They might ask you for your previous H1b approval notices and or pay stubs but thats all. However when you go to the embassy for the stamping they might ask for tax returns.
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apahilaj
11-29 11:26 AM
Guys,
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
Any update on your FP notices yet? am still waiting. Did any one of you file DHS 7001 for ombudsman inquiry?
Thanks and good luck.
more...
tikka
05-30 09:28 AM
Since your I140 filed after 15th of May 2007, you have to re apply through the new point system.
Hi ddeka
could you please take a few minutes and send web faxes?
thank you
Hi ddeka
could you please take a few minutes and send web faxes?
thank you
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CraigSum
07-08 11:30 AM
http://digg.com/politics/July_Green_Card_Fiasco_Not_fault_of_DOS_as_per_Con doleeza_Rice_on_CNBC
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illusions
04-03 10:18 AM
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
It's great to know that IV extends it's hand to help it's members when in need. More reason to contribute. I know i will again this month. Thanks IV Core.
According to what radhay said it looks like your case can be overturned based on the mistake lying on the lawyers part.
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Kitiara
02-13 05:05 AM
I can scarcely believe it... Although I have to say that it would have been impossible to choose between the two entries. Perhaps this is the fairest result in the end. :)
Actually, I think results from three battles need to be put up - this one, the cartoon characters one and the line art one. Are there any more that haven't had the reults officially put up?
Actually, I think results from three battles need to be put up - this one, the cartoon characters one and the line art one. Are there any more that haven't had the reults officially put up?
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sanju
09-09 09:13 PM
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
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bujjigadu123
03-03 06:05 PM
Did you wire transfer funds too many times in larger amounts?
Hi
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
Hi
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
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01-17 06:22 PM
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PresidentO
04-01 06:35 PM
This is clearly crap.
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
Either USCIS or your attorney screwed up.
In either case, ask your former attorney to provide the letter he wrote to USCIS to withdraw his representation. If he did what you asked, good forward the same to USCIS with a MTR and then file a DHS7001 form (google if you dont know the form) with USCIS Ombudsman.
if your attorney screwed up, hire another one first to file an MTR along with your communication to your attorney (also file DHS7001) showing that its the attorney who screwed up and not you. Next hire a good litigation attorney and beat the crap out of this slimy attorney and get him to pay some good $$$.
I sincerely hope its the former and not the latter. Even if its the latter, stay positive and engage a good attorney and litigate. You sure will win some $$$. :)
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Sakthisagar
08-20 12:11 PM
I have one question on this for some reason if EB-2 Perm is not approved then can we still reatain the EB-3 priority date?? and the EB-3 status.??? I have a masters and 5 years of experience and same situation almost like yours.
ujjwal_p
06-05 03:38 PM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
nrk
10-31 04:24 PM
Thanks for the info,
how to contact Ombudsman
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
how to contact Ombudsman
Folks, don't beat ur head on this.
OP - as long as you followed all laws and everything is perfect with you, don't worry.
Almost all the AC21 denials that I am aware of have been successfully reversed if you think that is the case.
Do not expect any valuble information from USCIS when your date is not current.
They can give the following if you go for infopass : name check issues, address change issues, FP issues, (if u r lucky they might tell u that it is preadjudicated) etc...
As an alternate you may want to contact the Ombudsman and explain in detail about your thoughts on this cryptic letter and request for "proper information"
As another alternative - contact your law maker. Go to your congressman's office and show the cryptic letter. Tell them you are concerned, you have family and followed all rules properly and curious to know if there is anything wrong that is going on that you might not be aware of and would like to correct it.
A proper response will give you peace of mind.
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