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Tuesday, June 28, 2011

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  • Sri_
    10-01 11:37 AM
    I think No. You can only work after you receive your EAD card and has atleast applied for SSN


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  • little_willy
    10-07 08:12 PM

    My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?

    Thanks for your help!

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  • martinvisalaw
    12-22 12:03 PM
    You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.

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  • roseball
    02-09 05:28 PM
    Hi All,

    Sorry for posting this in an Immigration forum. I am just trying to get some advise from people who might have already been in this situation.

    My cousin came to US on F-1 visa in Jan 2007. She has been attending grad school in NY...She got money from India to pay for her tuition for the first semester as she had no financial aid....One professor promised her aid starting Aug 2007 but that prof left the university for personal reasons so I paid her tuition/insurance for one semester ($10k)....I have also been helping her with her living expenses since she arrived in US....She only worked 1 day throughout the year and has a W-2 with $29 as earnings for 2007...

    My question is, can I claim her as a dependent in my tax filing....She lives in NY and I work/live in TX.....I am planning to consult a tax professional regarding this, but I just wanted to get a heads up from you all before visiting a professional.

    Thanks for your time.


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  • Dalai Lama
    02-09 01:08 PM

    some body told me that if you are on H1B1 then you can not file for greencard. is it true?

    I am on H1B1 and I have approved I-140.

    I didnt knew the difference between H1b and H1B1.

    Please help, I am so frustrated.

    Dalai Lama

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  • crystal
    08-14 01:51 PM
    Keep Visiting IV

    It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
    (So that there is no need to worry incase ur application gets rejected and you dont get receipr number).

    If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
    If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
    In general, If you use I-485 EAD and AP you are almost out of F1-status


    from above link:

    16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?

    A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.

    more dicussed here



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  • tdasara
    02-13 08:04 PM
    Can Carl Shusterman help us get USCIS release the numbers allocated and how they were allocated?

    He below argued how USCIS interpreted the law and won


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  • muni_k
    02-25 03:53 PM
    My company filed for PERM in September4,2007.Audited in October.reply was filed first week of November.Still no word on the PERM processing.My H1B visa expires June 30,2008.I have spent app. 7 weeks out of USA in the last six years.if I take a 3 week vacation out of the country can I extend my h1b visa to say September 15,2008(it will be 10 weeks total).And then be eligible for the 365 day rule for H1b extension.please reply.don't see too many options right now.


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  • sobers
    06-23 04:38 PM
    With new DOL policies and increasing immigration and labor standards enforcement, approval rates for labor transfers are down drastically. AILA reports even approval rates for PERM are down to 62% from the 80% approval rates seen earlier. Be careful, and have another parallel 'regular' filing so in case your sub labor gets rejected you don't loose additional Piority Date time.

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  • prabasiodia
    08-14 07:49 PM
    Call National Customer Service Center at 1-800-375-5283
    Press 1 for English
    Press 2 for bypassing introduction
    Press 2 for checking status etc.
    Press 6 for checking status etc.
    Press 1 for having receipt number
    Now enter your receipt number:
    press 1 to confirm receipt number
    Now listen to the case update info, somewhere in the middle of blah-blah
    press 3 to report a problem with your case
    press 4 for filed several related applications and have received the information on some but not all
    (now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)


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  • rustamehind
    07-17 09:24 PM
    I agree this turned out to be judgement day for many.

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  • vin13
    11-10 10:15 AM
    On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?

    Click on it and you will get the tracker.

    Hope this helps.

    Thanks. I never knew it was moved there.


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  • coolpal
    03-30 12:35 PM
    You are good till the end of your original H1 regardless of the outcome of the extension... the catch is, you have to maintain H1 status.. meaning get paid, no benching etc.,

    pal :)

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  • BhaskarEB
    09-13 06:39 PM
    I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
    After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
    I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.

    Please advice if I qualify for EB2 and if so will there be any issues ?
    Please advice if I qualify for EB3 and if so will there be any issues ?


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  • India_USA
    09-09 08:15 AM
    Isn't this the same argument one of the members said regarding the 500 visas not allocated to EB3 India last year?

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  • TexasGC
    07-23 01:56 PM
    I have an approved I-140 from my previous employer. Is there anyway, I can expedite my labor certification, I-140 approval and I-485 through my new employer on the basis of the previous approvals? I have a PD of jan'04. I know I retain my PD due to the I-140 but I wanted to know if there is anyway to not wait for the time it takes to get approval on LC and I-140.


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  • psaxena
    03-09 05:11 PM
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!

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  • chanduv23
    04-13 02:00 PM
    My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?

    PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.

    I know for sure, that you can go ahead and file as your wife's country of birth is Germany. About other things,, contact a good attorney. Best wishes and congratulations

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  • apatel_17
    03-28 08:37 AM
    Since Senate passed the CIR bill last year, is it necessary for the Senate to pass a bill again this year?

    If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?

    Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.

    10-17 01:30 PM
    First thing you need to understand is there is nothing called sponsoring a visa. You are basically saying that you will pay for their trip.
    If they have enough fund, it is better if they say that they will pay for the trip themself.
    As for other documents establishing ties, VO mostly does not ask for additional docs. They rely heavily on what is written in DS-160 and on the interview. If they have other children in India, it is best to carry a family photograph. Also, ask them to answer to the point ... who is in India, who is in US, what they do, etc.

    Good luck

    12-19 09:04 PM
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