otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
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factoryman
03-15 11:30 AM
through whom I filed my first year taxes in US, that you don't need to declare if your mail-in rebates, apartment referals don't cross USD 1600. I haven't read anything that this has changed.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
Marphad
03-31 09:46 AM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations!
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations!
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sss2000
10-31 03:31 PM
I talked to Delta rep and she told we can transfer miles from one account to another account. But there is a big catch. You need to pay about $10.00 for every 1000 miles transfered and $25.00 transaction fee.
more...
whiteStallion
03-14 05:17 AM
Congratulations !!!
imm_pro
08-26 12:45 PM
Congrats man..looks like you got ur GC in a record 2.5 years..way to go
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newcomer
07-11 10:37 PM
Good one. Could also add the IV logo on it
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syedajmal
11-03 11:17 AM
If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.
Visiting Canada doesn't help to extend the visa stamp. My in-laws tried it in August.
Visiting Canada doesn't help to extend the visa stamp. My in-laws tried it in August.
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mrdelhiite
07-13 08:29 AM
and marry a celebraty
or work hard and support IV :)
-M
PS: good things come to those who wait
or work hard and support IV :)
-M
PS: good things come to those who wait
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RayP
12-11 02:31 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
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qualified_trash
08-26 03:21 PM
The true value of an MBA lies in the contacts you make when you go to school. An online MBA IMHO is of no real use in terms of your career.
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pratikgr
08-10 08:00 AM
how about applying for a tourist visa for that time period?
Can we apply for tourist visa from US?
I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.
One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.
Can we apply for tourist visa from US?
I checked at NY Kaplan. they have 3months course for $1800 and 4months course for TOEFL for $5500. Since we need atleast 4 months I20, I guess I have to check some community college if they offer something cheap.
One more question is, the community college usally have admission from spring. They don't issue I20 in summer. So I guess I have to start from January itself. In that case is it possible to get admission in January and start the class in summer? In that way I can save some money.
more...
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axp817
04-09 02:54 PM
Is this legal?
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
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lecter
January 6th, 2005, 07:40 PM
Now I am Jealous......... you guys make it look easy, and I have no clue on how you get the color into the B&W like you do..........................
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
more...
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sixburgh
08-13 10:46 AM
History:
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
- My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
- Wife had entered USA on H4 (2005)
- In July 2007, we both got a chance to apply for 485, EAD and AP
- Since then I switched to EAD, wife too started working on EAD
- But my company also kept renewing my H1
- During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
- We both received our h1 and h4 notices.
- Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
- This is what I did, I got a stamp and entered USA now on H1.
- Note that my wife continued to remain in USA and worked on EAD.
- Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
- Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
- But once wife gets EAD, she will continue to use it to work.
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
(My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
(I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)
Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
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stirfries
12-02 01:27 PM
Thanks SS777 !!!
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
more...
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Sunx_2004
10-15 02:26 PM
Which service center your friend (July 16th filer) applied to. I applied on July 17th NSC, still wiating for receipts.
call uscis - as per the listen in conference call (cis ombudsman) if the date displayed is after your mail carrier date
FYI:
I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today
call uscis - as per the listen in conference call (cis ombudsman) if the date displayed is after your mail carrier date
FYI:
I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today
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CADude
07-27 12:57 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
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thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
sansas
01-21 07:28 AM
hi dionysus
i got this from some requirement agencies
i got this from some requirement agencies
franklin
10-12 10:53 AM
Please move this thread to the appropriate forum, this has nothing to do with DC rally logisitics
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