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raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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whitecollarslave
03-06 02:48 PM
The greater danger in our lives is not that we set out aim to high and fail, but we set them too low, and still do.
.
What are you talking about?
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?
Am I missing something?
.
What are you talking about?
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?
Am I missing something?
ohguy
09-27 08:56 AM
As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
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acecupid
07-05 12:32 PM
I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
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zCool
05-11 09:37 AM
From all the discussion above, it's clear bigoted minuteman types who came up with this brilliant tactic of pushing point based system to delay and deny any type of immigration reform this year are winning rhetorical victory.
Guyz.. please just SHUT UP.. No point in fighting with each other..
first..
anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!
2nd...
Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..
BUT whatever your views.. don't give any credence to this divide and rule tactic..
look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !
Guyz.. please just SHUT UP.. No point in fighting with each other..
first..
anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!
2nd...
Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..
BUT whatever your views.. don't give any credence to this divide and rule tactic..
look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !
morchu
06-25 10:48 PM
I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).
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ricky26
03-30 11:33 PM
Congratulations !!!!! Take a deeeeep breath and relax.
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aau
08-08 10:34 AM
Sorry to hear about your friend's situation.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).
Think before you write..
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).
Think before you write..
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tejonidhi
11-27 01:24 PM
Rajen,
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
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Maverick_2008
04-16 03:51 PM
Is it true even for principal applicant? If 140 is denied, isn't your EAD invalidated? In other words, if 140 (immigration petition) is denied, there is nothing to adjust your status on and so even 485 becomes invalid.
Folks, please enlighten me, if I'm missing anything here.
Maverick_2008
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
Folks, please enlighten me, if I'm missing anything here.
Maverick_2008
No.
Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.
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spgtopper
05-09 04:08 PM
Hi dudu,
If you attend the local event on May 15th, you will be able to get a ton of local contacts that will be very useful in forming a group etc.
We are hoping that at the May 15th event, several local (DC metro area) IV members will meet and get to know each other as well - that should be a good start to form a strong local group.
S.
If you attend the local event on May 15th, you will be able to get a ton of local contacts that will be very useful in forming a group etc.
We are hoping that at the May 15th event, several local (DC metro area) IV members will meet and get to know each other as well - that should be a good start to form a strong local group.
S.
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11-14 09:16 AM
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ram04
02-03 06:14 PM
Infopass confirmed approved and I got it by mail after 30 days.
After on line status change it is 14 days.
After on line status change it is 14 days.
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eilsoe
10-20 07:51 AM
What makes Painter different from Photoshop?
I've never tried/seen Painter before...
Any odds'n ends in Painter that Photoshop doesn't have?
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Any odds'n ends in Painter that Photoshop doesn't have?
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interested
01-18 01:34 PM
Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
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jy1021
02-12 10:35 PM
I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
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yagw
11-02 01:48 PM
There are no plans for extended vacation.
I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .
I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?
There is no lifetime cap on H1B. Also, there is no limit on how many 3 year terms you can extend it after I-140 approval. What would happen is, after the initial 3 years, your PD might become current and that will make you in-eligible for 3 years ext. (and just one year).
DISCLAIMER: I am not an Attorney and this is not a legal advice
I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .
I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?
There is no lifetime cap on H1B. Also, there is no limit on how many 3 year terms you can extend it after I-140 approval. What would happen is, after the initial 3 years, your PD might become current and that will make you in-eligible for 3 years ext. (and just one year).
DISCLAIMER: I am not an Attorney and this is not a legal advice
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gcisadawg
02-02 12:56 AM
dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!
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indyanguy
04-20 03:09 PM
I would be interested as well. Wife going for stamping in chennai in a week !! Anything I can do to prevent PIMS delay?
DSLStart
07-28 03:56 PM
The reason for transfer as per email was that the jurisdiction is now TSC But why now? why not transferred along with 485 in 2007?
Orignal poster,
what was your message in email/online status?
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
Orignal poster,
what was your message in email/online status?
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
saketkapur
10-11 01:00 PM
I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....
PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....
PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney
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