qualified_trash
11-15 01:27 PM
you have a expired I-94 and a h1B which is valid
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
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karthiknv143
07-16 01:49 PM
r there any updates to anything ? :eek:
nik.patelc
01-11 02:30 PM
I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
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nlssubbu
08-01 12:55 AM
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.
Thanks
How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.
Thanks
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Blog Feeds
04-22 06:20 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
ab2k7
07-05 04:19 PM
Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf
'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'
Would appreciate if someone can shed some light.
Thanks in advance.
more...
YesGC_NoGC
05-14 10:25 PM
Will continue to conribute
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reddymjm
01-08 08:56 PM
He needs to send it to the USCIS office in kentucky. you can google and get the address.
Right answer.
Right answer.
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pappu
08-20 05:08 PM
Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.
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anurag
02-12 02:12 PM
Freakin_GC,
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
more...
waitingnwaiting
01-19 12:32 PM
Let us start a thread to list of EB3 Immigrants that have done well in USA.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
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pbojja
02-26 04:45 PM
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
more...
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gsc999
04-19 11:30 AM
Atleast, Janak was bold enough to be straight forward.
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docwa
04-10 01:29 PM
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
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mambarg
08-03 05:18 PM
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
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waitingnwaiting
01-26 11:14 AM
Proud.
Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.
Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.
Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.
Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.
While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.
Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.
Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.
Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.
Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.
While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.
more...
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waitnwatch
04-06 10:41 PM
the bill looks as good as dead unless there is a miracle overnight
http://today.reuters.com/investing/financeArticle.aspx?type=bondsNews&storyID=2006-04-07T031746Z_01_N06381163_RTRIDST_0_USA-IMMIGRATION-UPDATE-4.XML
http://today.reuters.com/investing/financeArticle.aspx?type=bondsNews&storyID=2006-04-07T031746Z_01_N06381163_RTRIDST_0_USA-IMMIGRATION-UPDATE-4.XML
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indianabacklog
11-10 04:04 PM
You can volunteer in a role that is always undertaken by individuals who are volunteers, such as in a hospital setting. In reality if you are volunteering for a for profit they are really getting unpaid assistance which technically should be done by an employee.
If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.
I do have this information from a lawyer incidentally as this question arose in our family.
If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.
I do have this information from a lawyer incidentally as this question arose in our family.
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logiclife
04-07 08:55 PM
For more than a decade of congressional majority and 6 years of white house, everyone has been accusing Republicans of being close to big business.
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
Isnt the big business supposed to remove roadblocks like Sensenbrenner?
Where is the evil greedy Big Business when you really need them? Or are they interested in Status Quo too?
Has anyone seen the movie "Fight club"? Do you really want to mess with people who cook your meals, who do your dishes, clean your restrooms, mop your floors, park your cars, pack your meat, build your houses? (Ok, I am kidding) But just because these guys work at near minimum wage levels does not mean they are not important. Who is going to pick lettuce and tomatoes from farmland? Kind of people like the cast of "OC" isnt going to do it. The cast of "Friends"? I dont think Rachel and Ross would pick potatoes.
So what does Sensenbrenner suggest - "Illegal immigrants drive down wages and get exploited. Now that we are done exploiting them, can we send them back?".
kishdam
03-20 12:39 PM
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.
I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?
Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.
tabletpc
10-15 02:48 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
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