suavesandeep
07-14 03:38 PM
As others mentioned, If you apply for J1.. Your husband wont be able to apply for 485 for you for SURE unless you are done with J1 Waiver. You may also potentially jeopardize your husbands 485 application because USCIS may find out that you(spouse) are on J1 even if he does not apply 485 for you. I am not sure about this point thou, You may want to confirm with a lawyer.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
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rbharol
01-23 11:41 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
andy garcia
01-23 02:42 PM
Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?
Any one??
This is what the 129 instructions specify. I think that you will have to wait until the new I94 with the new dates is issued. Hopefully she will get it before April 1.
Change of Status.
In addition to the initial evidence for the classification you are requesting, a petition requesting a change of status for an alien in the United States must be submitted with a copy of the employee's(s) Form I-94, Nonimmigrant Arrival/Departure Record.
andy
Any one??
This is what the 129 instructions specify. I think that you will have to wait until the new I94 with the new dates is issued. Hopefully she will get it before April 1.
Change of Status.
In addition to the initial evidence for the classification you are requesting, a petition requesting a change of status for an alien in the United States must be submitted with a copy of the employee's(s) Form I-94, Nonimmigrant Arrival/Departure Record.
andy
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geevikram
08-20 09:20 AM
I guess you need to give them a little bit more time. Watch out for visa bulletins till the end of this year, maybe that will give us some pointers.
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kshitijnt
10-07 02:55 PM
Or take non stop flights from JFK/EWR for east coast ppl.
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
belmontboy
11-13 01:14 PM
Please bump this thread today so that it is always at the top
bump!!!
bump!!!
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satishku_2000
08-31 02:17 PM
Folks...it looks like I have been given membership to this exclusive club, by USCIS...:)
My status on USCIS Online case tracker shows,
"Current Status: Fingerprint fee rejected and notice mailed; case in suspense."
When I spoke with my attorney, he says, There are two options.
1. I can dispute and in turn get my processing delayed
2. Repay the fingerprint fees ($70) and forget about my first payment
Naturally, anyone would prefer option - 2.
Just wanted to share with you all...
Before I read the whole thing I thought why this guy is even thinking about it ... Know what I mean ...:) I read the whole thing and thought this guy is as smart as me ... hehe ...Good luck with everything
My status on USCIS Online case tracker shows,
"Current Status: Fingerprint fee rejected and notice mailed; case in suspense."
When I spoke with my attorney, he says, There are two options.
1. I can dispute and in turn get my processing delayed
2. Repay the fingerprint fees ($70) and forget about my first payment
Naturally, anyone would prefer option - 2.
Just wanted to share with you all...
Before I read the whole thing I thought why this guy is even thinking about it ... Know what I mean ...:) I read the whole thing and thought this guy is as smart as me ... hehe ...Good luck with everything
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soma
02-11 11:44 AM
ok so when would EB2 come back to its old status of Jan 2003(it was so for past 1.5 yrs atleast b4 jumping to june 2004 and again retogating)...would it be in this current fiscal yr..i.e b4 sept 2008 or it will take whole of nxt fiscal yr to come to that kind of dates?
I believe once it gets past Jan 2003 PD's, dates will move steadily.
I believe once it gets past Jan 2003 PD's, dates will move steadily.
more...
chanduv23
07-15 12:55 PM
Sending flower with little knowledge of H1B's would help him to know us better .:)
These people are worse than any bad people. They dont deserve flowers.
These people are worse than any bad people. They dont deserve flowers.
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sodh
07-12 03:46 PM
I applied for H1B extension in october 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in Febraury 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesnt want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they dont accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in OCtober ( 9 months).
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.
more...
cbpds
09-23 04:31 PM
It really seemed ur in the campaiging team for Dems, hence the reply.
Admin fix was the wrong thing to do anyways, else your Obama will create 101 rules that affect everyone, the check and balance system is a good thing for US
Admin fix should happen for small regulations not a big law like the CIR.
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
Admin fix was the wrong thing to do anyways, else your Obama will create 101 rules that affect everyone, the check and balance system is a good thing for US
Admin fix should happen for small regulations not a big law like the CIR.
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
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dilbert_cal
10-06 08:10 PM
From Matthew Oh Website:http://www.immigration-law.com/
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
more...
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nk2006
07-19 06:55 PM
Exempting spouse from annual quota has been IV's active legislative objectives for some time. I think that was incorporated in last year's failed CIR.
In current congress's CIR (which was very bad for all of us; fortunately for us its failed) discussions a bunch of senators argued very strongly in favor of family based immigration. It would interesting to see how these senators will react to this proposal - after all spouse is the most immediate of family and exempting them from annual work-based quota seems quite logical. But again its not about logic its all politics.
In current congress's CIR (which was very bad for all of us; fortunately for us its failed) discussions a bunch of senators argued very strongly in favor of family based immigration. It would interesting to see how these senators will react to this proposal - after all spouse is the most immediate of family and exempting them from annual work-based quota seems quite logical. But again its not about logic its all politics.
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sc3
08-13 08:03 PM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
more...
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Canadianindian
02-10 11:59 PM
You cross the border every day?
If your Attorney says it�s okay then probably you don�t have to worry.
However, your current Canadian address is not what you have in files on your I-485. Because, you can't give a foreign address.
So, I personally think you are beyond jeopardizing your pending I-485.
Good Luck!
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
If your Attorney says it�s okay then probably you don�t have to worry.
However, your current Canadian address is not what you have in files on your I-485. Because, you can't give a foreign address.
So, I personally think you are beyond jeopardizing your pending I-485.
Good Luck!
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
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meridiani.planum
09-14 02:44 AM
How 'bout when you're swimming?
its plastic, not paper. [so I am told, I dont know, I am still waiting]. Nothing happens if you dip it in water.
Just buy swimming shorts (or a bikini depending on your gender or preferences) with a pocket.
P.S: this post is a joke, so easy with the flames.
its plastic, not paper. [so I am told, I dont know, I am still waiting]. Nothing happens if you dip it in water.
Just buy swimming shorts (or a bikini depending on your gender or preferences) with a pocket.
P.S: this post is a joke, so easy with the flames.
more...
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gc_on_demand
08-19 10:17 AM
Hello there
YES you can convert into EB2. If I were you and get some offer to convert into Eb2 I would do it. Eb3 is not going to move until Eb2 will become C. and chances are that Eb2 India may become C in next 2 years if same rate labor get approve. If you go on convert route. lets assume that labor takes 18 months and I 140 takes 6 months. that is 24 month it self. Now after 2 years your case can be current but if you stick on Eb3 then after 2 years it will start from 2002. So if your PD is in 2004 then you may need another 2-3 years for that.
So bottom line is you need to find some one who has job opening in Eb2 and ready to file for you. Which is very rare opportunity in given environment. almost like a winning a lottery with 10k prize.
YES you can convert into EB2. If I were you and get some offer to convert into Eb2 I would do it. Eb3 is not going to move until Eb2 will become C. and chances are that Eb2 India may become C in next 2 years if same rate labor get approve. If you go on convert route. lets assume that labor takes 18 months and I 140 takes 6 months. that is 24 month it self. Now after 2 years your case can be current but if you stick on Eb3 then after 2 years it will start from 2002. So if your PD is in 2004 then you may need another 2-3 years for that.
So bottom line is you need to find some one who has job opening in Eb2 and ready to file for you. Which is very rare opportunity in given environment. almost like a winning a lottery with 10k prize.
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bobzibub
05-30 03:42 PM
It's hard to believe that US economy will go down if they make some tough rules around H1 B visas or worse cancel H1 B program. I means, we can argue that it might create shortage for skilled works but if US really need some skilled workers, they can get it any time ( Like straight green cards for nurses etc). it�s few trillion dollars economy which won�t go down just because of H1-B visas holders.
It is not that hard to imagine at all.
500K h1b holders having $60K jobs (on average) means $30 billion to the US economy. That is only .002% of US GDP but that is still a *lot* of money.
Remember the Swift meat packing plant raids. They cost Swift $45-50M they claim. That is greater than the wages of the workers rounded up. Probably around double. If IBM started feeling that hurt, they'd be summoning their representatives to their offices.
It is not that hard to imagine at all.
500K h1b holders having $60K jobs (on average) means $30 billion to the US economy. That is only .002% of US GDP but that is still a *lot* of money.
Remember the Swift meat packing plant raids. They cost Swift $45-50M they claim. That is greater than the wages of the workers rounded up. Probably around double. If IBM started feeling that hurt, they'd be summoning their representatives to their offices.
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casinoroyale
03-18 02:26 PM
You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.
That seems to make sense, because there is no such a thing like a H1-B transfer as every application is a new one, so you can't really file a new H1-B with no grounds when 485 is denied and you have already used up 6 years. But my friends, but but but, you can always file a Labor with employer B and when its pending more than 1 year, apply for H-1B extension/transfer. Woo hoo...
That seems to make sense, because there is no such a thing like a H1-B transfer as every application is a new one, so you can't really file a new H1-B with no grounds when 485 is denied and you have already used up 6 years. But my friends, but but but, you can always file a Labor with employer B and when its pending more than 1 year, apply for H-1B extension/transfer. Woo hoo...
polapragada
03-16 11:28 PM
Are you referring to OP ( ganguteli )
"I saw this on an anti immigrant site by a M*****r. "
This is his first line of the post.
1. First Correct your profile
2. He deserves it
"I saw this on an anti immigrant site by a M*****r. "
This is his first line of the post.
1. First Correct your profile
2. He deserves it
tv25
09-16 02:46 PM
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
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