martinvisalaw
10-22 03:27 PM
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
No, thankfully, because she can't
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
You need to check the consulate requirements on this. They vary widely, and change frequently.
It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
No, thankfully, because she can't
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
You need to check the consulate requirements on this. They vary widely, and change frequently.
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LostInGCProcess
11-06 04:13 PM
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.
confirm with an attorney.
kris04
08-07 08:56 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
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masterfender
04-28 03:18 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
more...
BharatPremi
12-05 04:46 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
poorslumdog
10-12 12:26 PM
Hi Guys,
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
more...
akkakarla
09-06 06:46 PM
Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.
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shirish
08-02 07:45 AM
Thanks for the reply,
I do have H1B vaild until jan 2011(Did not use EADso far), and my wife has EAD vaild untill oct 2010. How about my 7 year old son (I had renewed his H4 along with my H1b in 2008 - did not have ead AP that time).
Do I need to do any thing, is it required to renew AP to stay in status.
Thank you
Shirish
I do have H1B vaild until jan 2011(Did not use EADso far), and my wife has EAD vaild untill oct 2010. How about my 7 year old son (I had renewed his H4 along with my H1b in 2008 - did not have ead AP that time).
Do I need to do any thing, is it required to renew AP to stay in status.
Thank you
Shirish
more...
naveenk
07-22 08:34 PM
hi all,
I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information
Regards,
Naveen
I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information
Regards,
Naveen
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webm
05-06 09:14 AM
First of all there is no "substitution labor" anymore..USICS may not accept it according to a new rule set in last yr June..
more...
gc genie
11-05 01:34 PM
Does AP document come to the attorney or the applicant directly?
Thanks for the info in advance.
Thanks for the info in advance.
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immi_2006
02-15 03:09 PM
Try orbitz.com. You can book tickets from India and pay in USD. If the airline you selected still issues paper tickets instead of e-tickets then orbitz mails the tickets to your US address.
more...
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shana04
01-26 12:25 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
yes, that is correct
Can someone please confirm.
yes, that is correct
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Macaca
07-17 11:11 AM
Here is my classic quote:
Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:
Have IV ID OR visit IV as guest.
Been visiting IV forums for 1+ month.
Have not contributed a single penny to IV. [MOST IMPORTANT]
Will benefit (and/or ARE BENEFITTING) from IV.
I wonder how you can live with yourself benefiting from the sweat of others.
Please help yourself by contributing asap.
Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:
Have IV ID OR visit IV as guest.
Been visiting IV forums for 1+ month.
Have not contributed a single penny to IV. [MOST IMPORTANT]
Will benefit (and/or ARE BENEFITTING) from IV.
I wonder how you can live with yourself benefiting from the sweat of others.
Please help yourself by contributing asap.
more...
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PresidentO
02-07 01:19 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.
She cannot get a H1 filed on Mar 31st and start working.
She has to do
Long term plan
(1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.
Short term plan
(2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)
I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.
Both these will take alteast 3+ months to be processed and issued
Official transcripts/marksheets sent directly from the institution for ALL higher education.
If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly
Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.
Hope the information overload is enough!
Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.
She cannot get a H1 filed on Mar 31st and start working.
She has to do
Long term plan
(1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.
Short term plan
(2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)
I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.
Both these will take alteast 3+ months to be processed and issued
Official transcripts/marksheets sent directly from the institution for ALL higher education.
If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly
Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.
Hope the information overload is enough!
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snathan
05-20 12:28 PM
Was your question
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
more...
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eb3retro
02-15 11:25 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
could you please update your profile? thanks.
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
could you please update your profile? thanks.
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ItIsNotFunny
04-04 09:29 AM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Ha ha ha.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Ha ha ha.
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sb724
07-31 04:14 PM
Hi All,
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
pappu
07-17 09:44 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
psvk
05-20 12:32 AM
mrane1,
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you guys get a receipt notice, In my case I did.
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you guys get a receipt notice, In my case I did.