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  • newxyz100
    07-25 05:27 PM
    You can apply for a duplicate with the form I-824.

    http://www.uscis.gov/files/form/I-824.pdf





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  • crystal
    02-14 05:23 PM
    If you jump to EAD ,you cannot bring ur wife here on dependent visa. You are better off being on H1B till you file I-485 for your wife.


    if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.

    iany inputs are appreciated??





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  • snathan
    03-15 11:25 AM
    Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

    Now that we are feeling the pinch, we want to close this door for the other folks?

    Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

    Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.

    We are not talking about closing the door. We are talking how the desi companies are abusing the system





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  • indianindian2006
    08-28 01:53 PM
    One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
    Here is the link.

    http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133



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  • santb1975
    11-21 02:31 PM
    to every around here





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  • rongha_2000
    04-22 02:24 PM
    And whats your point?

    This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.

    Jan-05 C
    Feb-05 C
    Mar-05 C
    Apr-05 1-Apr-02
    May-05 C
    Jun-05 C
    Jul-05 C
    Aug-05 C
    Sep-05 C
    Oct-05 1-Nov-99
    Nov-05 1-Nov-99
    Dec-05 1-Jul-00
    Jan-06 1-Jan-01
    Feb-06 1-Aug-01
    Mar-06 1-Jan-02
    Apr-06 1-Jul-02
    May-06 1-Jan-03
    Jun-06 1-Jan-03
    Jul-06 1-Jan-03
    Aug-06 U
    Sep-06 U
    Oct-06 15-Jun-02
    Nov-06 1-Jan-03
    Dec-06 8-Jan-03
    Jan-07 8-Jan-03
    Feb-07 8-Jan-03
    Mar-07 8-Jan-03
    Apr-07 8-Jan-03
    May-07 8-Jan-03
    Jun-07 1-Apr-04
    Jul-07 C
    Aug-07 U
    Sep-07 1-Apr-04
    Oct-07 1-Apr-04
    Nov-07 1-Apr-04
    Dec-07 1-Jan-02
    Jan-08 1-Jan-00
    Feb-08 U
    Mar-08 U
    Apr-08 1-Dec-03



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  • unknown123
    11-09 12:01 PM
    What is your PD?

    Good luck
    Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.

    Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm

    You need a real good lawyer.

    All the best





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  • rolrblade
    02-21 09:04 AM
    Here is the problem with your case, in my view.

    You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

    In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

    If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

    Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

    As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

    If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

    PM me if you need more help.



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  • paskal
    08-23 11:51 PM
    I believe that several people have won WOM cases....

    I also hear that Sheila Murthy is planning to file a WOM with a large group of clients to offset cost.

    Might be worth getting a second opinion with an attorney that's filed and won WOM cases....

    welcome to IV!





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  • sunny1000
    01-15 01:14 AM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    ----
    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.

    If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).

    This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).



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  • dummgelauft
    01-25 06:23 PM
    You are obviously very very new to this, aren't you...
    No, they are not working overtime.





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  • ItIsNotFunny
    10-22 10:24 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks


    There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.

    Canada visit should not create issue as per my opinion.



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  • eadguru
    11-07 08:43 AM
    I opened Service Request 10 days back, still no luck.
    Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.





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  • mybid2003
    01-09 04:37 PM
    Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.

    In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?

    Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?

    Pls let me know.

    Thanks in Advance!!!



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  • andreafejes26
    03-31 08:42 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?





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  • kiru_99
    10-31 09:58 AM
    Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((



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  • krishna_brc
    02-18 12:46 PM
    My Indian employer offered me to continue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..

    If you get salary in INR which is credited to your Indian Bank A/c
    then you should be fine.

    If you get salary in USD credited to US Bank A/C then its ILLEGAL.

    Thanks,
    Krishna





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  • mhathi
    01-09 01:46 PM
    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.





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  • vejella
    06-01 01:39 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(





    fcres
    08-10 01:25 PM
    Did any one get an RFE to prove educational qualifications for EB3.

    I did. And i think its because my lawyer didn't include my degree evaluation. Once we sent that i got approval immediately.





    desi3933
    11-23 10:23 AM
    do we need a UK visa even if we have a valid stamped US passport?

    US citizens don't need visa to visit UK and most European nations.


    ___________________
    Not a legal advice.