siddhu98
03-16 11:37 AM
My wife is applying H1B this April 1st against 2007 year general quota and via regular process (not Premium Processing).
Currently she is on H4 with valid I797 (expiry date end of Oct 2007) and expired visa on her passport (June 2006).
She plans to visit India this June and get H4 visa stamp on sometime June 2nd week. She will be returning sometime end of August.
Do you see any problem in visiting India and getting H4 visa stamp (based on the current I797 or I may get an extension by June) while H1B application is pending? What will happen to the H1B approval as it will have current I-94 number? Do we need to go again to India and get stamping after October 1st for H1B?
Or need to wait until August for H1B approval and get the H1B visa stamping instead of getting H4 stamping on June?
Please clarify. Thanks and appreciate your reply.
Currently she is on H4 with valid I797 (expiry date end of Oct 2007) and expired visa on her passport (June 2006).
She plans to visit India this June and get H4 visa stamp on sometime June 2nd week. She will be returning sometime end of August.
Do you see any problem in visiting India and getting H4 visa stamp (based on the current I797 or I may get an extension by June) while H1B application is pending? What will happen to the H1B approval as it will have current I-94 number? Do we need to go again to India and get stamping after October 1st for H1B?
Or need to wait until August for H1B approval and get the H1B visa stamping instead of getting H4 stamping on June?
Please clarify. Thanks and appreciate your reply.
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gagbag
06-14 09:06 PM
Any one
apatel_17
07-11 02:31 PM
No is the correct answer.. they are here as visitors (not residents - US tax returns are for US residents - tax return 101)
also they don't have SS# i presume, so how can you even think about adding them as dependents?
Good try though :)
IRS does not use the same terminology as USCIS. If you are working in the US on an H1B visa, you are a "US Resident Alien" according to IRS. Those who pass a "substantial presence" test in the US can be claimed as dependents if they do not have significant income in another country, and are not claimed as dependents by anyone else. IRS will take your tax dollars whether you have a SSN or not ;-) That's why they issue Individual Tax Identification Numbers. Dependent visa holders use the ITIN to uniquely identify themselves in tax filings.
also they don't have SS# i presume, so how can you even think about adding them as dependents?
Good try though :)
IRS does not use the same terminology as USCIS. If you are working in the US on an H1B visa, you are a "US Resident Alien" according to IRS. Those who pass a "substantial presence" test in the US can be claimed as dependents if they do not have significant income in another country, and are not claimed as dependents by anyone else. IRS will take your tax dollars whether you have a SSN or not ;-) That's why they issue Individual Tax Identification Numbers. Dependent visa holders use the ITIN to uniquely identify themselves in tax filings.
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WillIBLucky
12-11 12:48 PM
I wouldn't care to much if they steamline the process and make all EB categories "Current". If you submit the right documentation these days i-140 does not take more than an month.
But if the retrogression is like this then as well a retrogressed person does not care as in any case he cannot file together. The only people who are affected is the people who are eligible to apply for both with the PD as current. But how many people are there now in that frame of benefit.
So I really feel it should not bother us too much especially people from India. If I am wrong correct me.
But if the retrogression is like this then as well a retrogressed person does not care as in any case he cannot file together. The only people who are affected is the people who are eligible to apply for both with the PD as current. But how many people are there now in that frame of benefit.
So I really feel it should not bother us too much especially people from India. If I am wrong correct me.
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sanagani
06-11 11:38 AM
Wanted to see if there is a provision to call the lockbox facility or uscis to enquire on the status of the application.
i am worried since i have not seen any activity on this for about a 4 weeks now.
please advise.
Do not worry, yesterday my application was sent back saying asking for i-485 receipt as i had initially sent them I-485 transfer notice ,my application was mailed to phoenix mailbox on 5/7/10 so yes they are taking longer time ...but you should see some kind of activity for sure..do not worry
i am worried since i have not seen any activity on this for about a 4 weeks now.
please advise.
Do not worry, yesterday my application was sent back saying asking for i-485 receipt as i had initially sent them I-485 transfer notice ,my application was mailed to phoenix mailbox on 5/7/10 so yes they are taking longer time ...but you should see some kind of activity for sure..do not worry
sammyb
11-19 04:35 PM
Thanks you, Wish you all hte best and Good Bye.
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
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gsc999
02-12 01:29 PM
Sure, I am up for it.
PS: Just the 5 or 1 mile run for now ;) baby steps
One in the East Coast, One in the west coast and one in between.
For the West coast I would pick the SanFrancisco Marathon (Just to be sure that gsc999 participates :p) on August 03'rd. The participants of this event can choose either a 5k, half marathon or a full marathon. This event should be fun to be part of. We have lot of committed members in our No.Cal chapter.
Nola: you already have my e-mail so please add me to your list. Meanwhile, I will post your message in our Nor. Cal. yahoo group.
Thanks to all for your support. :)The first step I would like to propose is that we need to establish a group called Team IV Coordinators. Those who are interested in being part of this group, please send me a private message with your e-mail address so that I can set up a group e-mail to present and discuss the ideas to get us started. The Coordinator Group should be Team IV members whether you run/walk or not. I will take the lead but of course, I would love to have a core group to bounce ideas off of and to have as a resource pool.
I agree with picking 3 national events as previously suggested, one on east coast, one west coast and one centrally located.
Please send me Private Messages with your e-mail or contact info so that we can get the Coordinator Group up and running to set out the parameters of Team IV.
Thanks!! :)
People in San Diego please let me know if you want to meet me this Saturday afternoon, it would be great if we can start a local IV chapter in San Diego.
We can discuss this new initiative proposed by Nola. I can also share our strategy and update you personally on our progress on the Admin fix campaign.
Cheers!
PS: Just the 5 or 1 mile run for now ;) baby steps
One in the East Coast, One in the west coast and one in between.
For the West coast I would pick the SanFrancisco Marathon (Just to be sure that gsc999 participates :p) on August 03'rd. The participants of this event can choose either a 5k, half marathon or a full marathon. This event should be fun to be part of. We have lot of committed members in our No.Cal chapter.
Nola: you already have my e-mail so please add me to your list. Meanwhile, I will post your message in our Nor. Cal. yahoo group.
Thanks to all for your support. :)The first step I would like to propose is that we need to establish a group called Team IV Coordinators. Those who are interested in being part of this group, please send me a private message with your e-mail address so that I can set up a group e-mail to present and discuss the ideas to get us started. The Coordinator Group should be Team IV members whether you run/walk or not. I will take the lead but of course, I would love to have a core group to bounce ideas off of and to have as a resource pool.
I agree with picking 3 national events as previously suggested, one on east coast, one west coast and one centrally located.
Please send me Private Messages with your e-mail or contact info so that we can get the Coordinator Group up and running to set out the parameters of Team IV.
Thanks!! :)
People in San Diego please let me know if you want to meet me this Saturday afternoon, it would be great if we can start a local IV chapter in San Diego.
We can discuss this new initiative proposed by Nola. I can also share our strategy and update you personally on our progress on the Admin fix campaign.
Cheers!
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anurakt
10-04 10:13 AM
Hi all,
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
This is better to understand :
I think you have two situations here :
1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....
Again all said, please refer an attorney in this matter.
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
This is better to understand :
I think you have two situations here :
1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....
Again all said, please refer an attorney in this matter.
more...
manojp4
07-19 05:12 PM
I agree that IV should be focused, but this doesn't mean that all the tasks within that focus group need to be worked on in one go. I was just suggesting that excluding dependents from visa numbers is something that we can probably add to a forthcoming bill. Or at the very least, let dependents file for I-485 without the requirement that PD of the primary applicant be current. Just think about it, the main reason why the majority of the members are happy now is because they expect to get EADs for their spouses so they can start working, not because their GCs will be obtained any sooner. Let's not forget a potentially sizable portion of our member base (whether they have already contributed is another matter, this might actually inspire them all to contribute) who while thankful to IV are unsure of what lies ahead for them and their (future) spouses.
And yes, my sympathies out to the labor backlog victims too. With hundreds of thousands of people applying for their AOS now, I wonder when they would be able to file for their I485 at all. The same question is being asked by many singles as well.
And yes, my sympathies out to the labor backlog victims too. With hundreds of thousands of people applying for their AOS now, I wonder when they would be able to file for their I485 at all. The same question is being asked by many singles as well.
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ajju
08-29 01:04 PM
They won't wait for your PD to be current to issue FP Notice.
Also, I don't think (my 2 cents) its advisable to travel before FP.. You never know when it will come and if you miss it... its considered as if you ignored it... They will issue one more FP notice before closing your AOS application...
So its needed to keep track of FP notice...
Also, I don't think (my 2 cents) its advisable to travel before FP.. You never know when it will come and if you miss it... its considered as if you ignored it... They will issue one more FP notice before closing your AOS application...
So its needed to keep track of FP notice...
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meridiani.planum
04-03 02:09 PM
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
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arihant
10-05 09:30 PM
Pappu, I sent you a PM
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
more...
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justAnotherFile
03-07 02:34 PM
Hi,
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
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Dipika
05-09 02:23 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.
You should call USCIS to let them know that your notice is still not reached to you, so incase if it's stuck on the way, they could send another copy.
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ashwin_27
04-28 12:43 PM
There are several studies but this recent one I found was interesting and I recently posted about this as well.
This is from the 2010 Annual Report of the Federal Reserve Bank of Dallas.
Check out page 12/13 -
An interesting 2000 study showed that a selective immigration policy that admitted 1.6 million high-skilled immigrants age 40�44 years old annually into a hypothetical U.S.-style economy with a 50 percent debt-to-GDP ratio would have balanced the budget within five years and eventually eliminated the national debt.
This is from the 2010 Annual Report of the Federal Reserve Bank of Dallas.
Check out page 12/13 -
An interesting 2000 study showed that a selective immigration policy that admitted 1.6 million high-skilled immigrants age 40�44 years old annually into a hypothetical U.S.-style economy with a 50 percent debt-to-GDP ratio would have balanced the budget within five years and eventually eliminated the national debt.
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sweet_jungle
03-03 03:07 PM
Thanks
How long is it taking for renewing passport at San Francisco?
How long is it taking for renewing passport at San Francisco?
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apt29
02-10 03:29 PM
EAD is like a carrot in front of the cart. GC is like eating the carrot.
EAD is like plate meals. GC is like full meals.:D
EAD is like plate meals. GC is like full meals.:D
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apnair2002
02-04 09:37 PM
My I 140 was approved a year back .. I went to chennai consulate 1/23 for stamping .. V.O officer asked me your perment residencey is filed or not?I said yes.He said I will get the visa in few days... He not even bother to look at me W2 or any documents:)
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CantLeaveAmerica
06-18 07:05 AM
Besides not signing this so called contract
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
acecupid
07-02 06:04 PM
Have you already emailed the addresses you mentioned in your post? I mailed some newspaper reporters in PA this afternoon. Quoted the AILA.
I emailed most of the email ids on the list. Except for some entertainment show emails which are included in the list. I'm looking forward to NBC, because MSNBC ran some message boards for EB immigrants during the immigration bill debacle.:cool:
I emailed most of the email ids on the list. Except for some entertainment show emails which are included in the list. I'm looking forward to NBC, because MSNBC ran some message boards for EB immigrants during the immigration bill debacle.:cool:
talash
04-25 03:49 PM
Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
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