I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
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You may see approval email soon
She did report issues in mumbai when she landed as it took 30 mins for wheel chair person to arrive at the gate... same AI has pathetic service in india and they are OK in US.
hope this helps..
I should clarify 2 items on the poll:
a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I will really appreciate any suggestions.
Thanks in advance.
Private institutions don't care, usually fee is same.
For taxation purpose, you are resident of CA and will be paying taxes on earnings.
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OH at immigration-law.com,
I have the extract from the website
Question 4. What is a travel document and do I need it?
Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.
I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
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Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
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1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.
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Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
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Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
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Does anyone know if I require a transit visa if traveling to India via Canada by Lufthansa.
I have a AP, used to have a Canadian visit visa which expired in Dec 2010.
I have traveled on AP via Dubai using United and did not have a issue.
I am traveling next weekend, I will appreciate your reply.
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Could you point me to chapter and verse from some official DOL or USCIS website?
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does anyone have any input ?
if, there are anymore persons affected by retrogression please do email /pm me asap.