xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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vinabath
03-24 03:22 PM
LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:
You know what my beard already started growing.
You know what my beard already started growing.
chanduv23
05-28 03:51 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
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Dakshini R. Sen
06-26 11:17 AM
Thank You Ms. Sen.
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.
So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.
Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.
So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.
Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677
more...
arunasri
08-26 04:21 PM
My EAD is pending. I applied on Jul 3rd. Current EAD expires on Sep 26th. I am little worried.
Do you have USCIS phone# with extensions that you pressed to reach Customer service.
Do you have USCIS phone# with extensions that you pressed to reach Customer service.
Ramba
05-04 05:37 PM
If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
more...
mmanurker
06-06 10:15 AM
Contributed $100...
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Transaction ID: 0LE04357M8091673D
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milind70
10-09 10:48 AM
I think something same along the lines in VA is in place.
more...
dummgelauft
05-15 09:45 AM
Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...
Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...
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bhushansd
07-12 03:45 PM
Please change the name of this thread, it sounds that some got a rejection notice.
more...
varumo_varatho
12-24 03:59 PM
H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
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nviren
03-24 05:34 PM
To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz
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wandmaker
09-15 01:21 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
Inform POE officer - s/he will make a copy and return the original to you.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
Inform POE officer - s/he will make a copy and return the original to you.
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boni
03-28 04:22 PM
well I have the same problem as next year I plan to be a full-time student and part-time on job.....my LC is also pending....will it effect GC..Is chanding H1 to part-time doable...what if LC is clear....can it be done later at any time i mean full-time student and part-time job....
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
more...
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smiledentist
06-14 01:45 PM
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
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like_watching_paint_dry
01-08 10:59 AM
The bad part is when you look to answer the question "what are the odds that the first baby of a new year would be born to an illegal leech?" .. There are so many illegals out here that they have good odds of having a sweepstake winning baby, while legals suffer all kinds of bureaucratic hurdles.
They should give the baby the money and CIS should deport the illegal woman.
They should give the baby the money and CIS should deport the illegal woman.
more...
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sunilsj
01-21 09:39 AM
Read this link from Murthy.com:
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
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dpsg
03-25 02:49 AM
I fully agree we won't gain anything from fighting anyone.. But we need to create a parallel source of information on this website , which is based 100% on facts... so that rational people can make better judgements.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
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nfinity
10-16 12:52 PM
If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.
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asterix
02-22 05:45 PM
Not sure if people understood the question. Based on this data it shows India got much more then what was in the quota and there were more GC given than the yearly total limit. If this is true, why do I keep hearing that in forums that there were 250K visa's over the last 5 years that were lost because they GC's were not processed in time? If anything there were more visa's given and a disproportionately higher # for India.
glus
09-11 09:13 AM
Just ordered a t-shirt from NY.
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