hibworker
01-26 01:41 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
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radhagd
02-20 09:21 AM
Yes you can use your Company A experience for applying EB2 in COmpany B.
insbaby
03-31 05:36 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
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crsna
07-18 09:13 AM
Are you saying client company will not pay for the expenses or it will not sponsor H1 visa? If the Client Company does not sponsor H1 visa, i do not think you an sponsor yourself.You can pay for your expenses if client company sponsors H1 visa.
more...
Tommy_S
04-15 11:45 AM
It's not an engine, it's an S&S V-Twin power house. I didn't realize we were being judged on the complexity of font used.... I must have missed that part in the rules.
No, everybody chooses fonts at his/her own will.
No, everybody chooses fonts at his/her own will.
hibworker
07-26 03:55 PM
Your situation isn't too tough.
Yes you will need a new F1 visa to re-enter. Nobody knows your chances of rejection, just take all the docs and hope for the best.
If your F1 gets rejected then you can come back on valid H4 - I don't think they will cancel other valid visas. However once you are back here you'll have to again apply for a COS to
F1
Yes you will need a new F1 visa to re-enter. Nobody knows your chances of rejection, just take all the docs and hope for the best.
If your F1 gets rejected then you can come back on valid H4 - I don't think they will cancel other valid visas. However once you are back here you'll have to again apply for a COS to
F1
more...
thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
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jcrajput
10-03 08:49 AM
I am starting new thread for people who are re-filing their applications (I-485) because they were rejected for any reasons.
Please list following:
1. Rejection notice date (RND)
2. Reejction reason(s)
3. Whose fault
4. Status of re-filing
5. Date of package recevied at service center (date, time, received by, service center)
6. Status
7. Waiting for action from
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.
Please list following:
1. Rejection notice date (RND)
2. Reejction reason(s)
3. Whose fault
4. Status of re-filing
5. Date of package recevied at service center (date, time, received by, service center)
6. Status
7. Waiting for action from
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.
more...
ak_2006
04-30 04:52 PM
Better ask your current employer for extension in August (as your H1 is expiring in Sept last week). But we never know about full time jobs and offer can go either way in last minute. So, keep in loop the current employer. If you won't get full time offer by July end, start process with current employer.
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moonrah
07-26 07:06 PM
any input or help please?
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sbmallik
06-30 04:52 PM
You did a good job by traveling out of the country and obtained a new I-94 based on the existing L-1 so that the H-1 status didn't kicked in. Yes, your L-1 can be extended for now as you still maintained L-1 status. Later if you decide to file an H-1 the best thing would be a change of status (L-1 to H-1) application.
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LostInGCProcess
11-06 04:35 PM
My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
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raj1998
10-26 11:31 AM
I filed for 485 went to India came back to USA. I didn't have any 485 receipts with me.
Had no issues what so ever, in fact I was not asked anything about 485 application. After coming back went for finger printing , that means my application is still in process.
Important Note :- During this period I had valid H1b stamp on my passport.
Raj
Had no issues what so ever, in fact I was not asked anything about 485 application. After coming back went for finger printing , that means my application is still in process.
Important Note :- During this period I had valid H1b stamp on my passport.
Raj
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rockstart
09-19 12:35 PM
I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.
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portalsguy
10-11 10:43 PM
I just got my labor approved for Masters degree and 3 years exp.
I have 3 years B.Sc degree and 3 years MCA degree from India and my education eval. shows it as equivalent to MS in computer Science.
In form ETA 750, under section 14, I have following data
College degree required:
Master of Science
Major field of study
Comp Sci/Engg,Info Sys Engg
Experience
3 years
Other fields under section 14 and 15 are blank.
RIR Advertisement has mentioned following
" Must have MS in Computer Science or Engineering, Information Systems Engineering or foreign degree equivalent with 3 years of relevant work experience."
I am little confused about "College degree required:" field. It only says "Master of Science". Should it be "Master of Science Or foreign equivalent"?
Edit/Delete Message
I have 3 years B.Sc degree and 3 years MCA degree from India and my education eval. shows it as equivalent to MS in computer Science.
In form ETA 750, under section 14, I have following data
College degree required:
Master of Science
Major field of study
Comp Sci/Engg,Info Sys Engg
Experience
3 years
Other fields under section 14 and 15 are blank.
RIR Advertisement has mentioned following
" Must have MS in Computer Science or Engineering, Information Systems Engineering or foreign degree equivalent with 3 years of relevant work experience."
I am little confused about "College degree required:" field. It only says "Master of Science". Should it be "Master of Science Or foreign equivalent"?
Edit/Delete Message
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spicy_guy
11-15 11:08 AM
Will lame-duck Congress settle differences or scores? - CNN.com (http://www.cnn.com/2010/POLITICS/11/15/lame.duck.congress/index.html?eref=mrss_igoogle_cnn)
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eadguru
10-30 08:21 PM
Query on Advance Payrol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
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snhn
06-15 04:40 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
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Karthikthiru
06-01 05:45 PM
Yes, you can. I have done the same. Send me a PM if you need details about that. In my case I moved from Dallas to Austin
ags123
09-03 09:52 AM
May the approvals flow :). Please vote
sumit2007
05-27 03:15 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
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