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  • chanduv23
    12-16 12:16 PM
    DMV people just look at the expiry date.

    As pending 485 do not have expiry date they won't accept it as status.

    What would you think would be a solution for this?





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  • JP McMahon
    November 23rd, 2004, 11:01 AM
    I hope this does not happen to my precious.

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  • alpa
    02-24 04:36 PM
    I have few questions regarding the visa and green card process.


    1. Which documents are required to convert H1 to H4 while being in USA?

    2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

    3. What happens to my green card process if I convert to H4? I have my I-140 approved.

    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Thanks and Regards,
    Alpa





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  • Maverick1
    08-13 11:17 AM
    OCI's can work without visa. ALL PIO's are eligible for OCI.

    Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.

    Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.



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  • inthehole
    07-30 03:34 PM
    In my case, I filed in Nebraska on June 16 along with my wife's application. My application is still pending but my wife's got her EAD.





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  • lvinaykumar
    01-31 10:17 AM
    I usually get 40$ or max 50$ bill per month. But from last few months i am getting bill around 180$ per month. I live in a similar size apartment as you.. :mad:

    I was totally shocked when i get the bill for the first time but i think i am getting used to it :(:confused:



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  • cbpds
    07-02 08:43 PM
    You can file Motion to reopen





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  • bkshres
    10-07 03:47 PM
    Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.

    Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?



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  • Sage_of_Fire
    01-02 09:56 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)
    Okay, there's my answer. Nice two-birds-one-stone answer, Kirupa!





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  • leonqiu
    06-14 09:06 PM
    What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

    looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

    Status:
    PD: May 2006
    I-140 approved.
    EB-2



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  • Jerrome
    05-21 04:11 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem?





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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.



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  • raysaikat
    04-03 10:56 AM
    Yes, they will return the old passport. You should always carry all your passports. However, only the latest passport is the "active" passport. Any new VISA stamp will be on the latest passport.

    All VISAs stamped on your old passports remain on the old passports.





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  • gman
    07-29 05:47 PM
    what was job description before becoming Director? Did you apply AC21 by default? Seems like you do not have to notify INS unless you get an RFE



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  • MeraNaamJoker
    09-16 04:44 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you





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  • immigrationvoice1
    03-06 02:21 PM
    I filed my I485 mid 2003. I missed the boat end of 2004, some where in 2005 and then in 2007 when my dates were current. My pd is in 2002. People who filed with me have been approved and they are ready for citizenship next year :mad:, while I got my 6th EAD approved

    You mean all these years you were stuck in name check or something ? Are you EB3 India ? 6th EAD is too many EADs to believe....wish you get your GC soon.



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  • ItIsNotFunny
    12-17 03:27 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!

    I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.





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  • indianabacklog
    07-30 08:59 PM
    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.





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  • mmanurker
    10-17 03:36 PM
    Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)

    also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings

    Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.





    singhsa3
    12-16 09:26 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?





    morchu
    06-01 04:44 PM
    If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.

    USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.

    At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.

    Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.

    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.



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