diptam
07-10 08:48 PM
AILA finally got sufficient plaintiffs for this Lawsuit... The expectations are that the LAWSUIT will be SUCCESSFUL
http://www.murthy.com/ailf_lawsuit.html
Be it Oct 07 - our PD will never be current in OCT 07. Nothing will happen
in OCT 07 unless this LAWSUIT is sucessful.
My guess is before we know anything concerete about law suit the october visa bulletin will be released in middle of Sep.
http://www.murthy.com/ailf_lawsuit.html
Be it Oct 07 - our PD will never be current in OCT 07. Nothing will happen
in OCT 07 unless this LAWSUIT is sucessful.
My guess is before we know anything concerete about law suit the october visa bulletin will be released in middle of Sep.
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vivache
02-21 03:46 PM
Case dated Feb 21 2007:
My wife is in the US on a h4.
She will be getting her h1 processed for a new job as a dentist.
H1 will be applied for in April first week.
Her H4 expires May 1st week and my company will get it extended since she's still a dependent.
Her lawyer tells her that once her h1 comes through she will need to go back to India and get it stamped if she needs to work in the US.
My question to the forum was whether she needed to go back to India and get the stamping since there were lot of folks who apparently did not need something like this.
I've got clarity on this issue from a lawyer and am posting it.
Answer from lawyer
Your view is correct that in cases where one transitions from one status to another, there is no need to leave country and get the visa stamped. However, right now your wife�s status is due to expire on May x, 2007 and the new H1B status will begin on October 1, 2007. Because of the gap between May and October, I cannot request her H1B to be issued as a CHANGE OF STATUS from H4 to H1B but rather as a new petition with the visa to be picked up at a US Embassy outside the US.
H1B petition can be filed as:
New petition,
Change of status from one valid status to another (for those already in the US), or
Change of employer from one valid H1B to another H1B.
Extensions
On April 2, 2007, when I file your wife�s petition, unless she is in valid status that I can show to USCIS which is valid at least until October 1 2007, I cannot request a Change of Status for her. If on April 2 you have a receipt notice for a pending extension, I can try to request a Change of Status but I cannot guarantee that USCIS will issue it that way.
If they do not approve it as a Change of Status, her approval notice will be issued without an I-94 and so she cannot transition from H4 to H1B.
My wife is in the US on a h4.
She will be getting her h1 processed for a new job as a dentist.
H1 will be applied for in April first week.
Her H4 expires May 1st week and my company will get it extended since she's still a dependent.
Her lawyer tells her that once her h1 comes through she will need to go back to India and get it stamped if she needs to work in the US.
My question to the forum was whether she needed to go back to India and get the stamping since there were lot of folks who apparently did not need something like this.
I've got clarity on this issue from a lawyer and am posting it.
Answer from lawyer
Your view is correct that in cases where one transitions from one status to another, there is no need to leave country and get the visa stamped. However, right now your wife�s status is due to expire on May x, 2007 and the new H1B status will begin on October 1, 2007. Because of the gap between May and October, I cannot request her H1B to be issued as a CHANGE OF STATUS from H4 to H1B but rather as a new petition with the visa to be picked up at a US Embassy outside the US.
H1B petition can be filed as:
New petition,
Change of status from one valid status to another (for those already in the US), or
Change of employer from one valid H1B to another H1B.
Extensions
On April 2, 2007, when I file your wife�s petition, unless she is in valid status that I can show to USCIS which is valid at least until October 1 2007, I cannot request a Change of Status for her. If on April 2 you have a receipt notice for a pending extension, I can try to request a Change of Status but I cannot guarantee that USCIS will issue it that way.
If they do not approve it as a Change of Status, her approval notice will be issued without an I-94 and so she cannot transition from H4 to H1B.
happy1
08-23 10:03 PM
As you already might know, Life Insurance rates are cheaper at younger age. We should buy LI coverage as early as we can to take advantage of lower premium rates. In your case you may be moved recently to US...I am not sure about this.
Always check with your employer first to see if they offer Life Insurance. Because of the group rates we will get Insurance through employer for lower premiums.
I bought $250K Term policy from State Farm at $23/mo ($276/yr with DISABILITY WAIVER OF PREMIUM). I bought it recently (My age-33 yrs). As per my agent I got qualified for very low premium rates because I have Auto, Renters Insurance and also have SF Bank account with them. May be its a good idea to move all your Insurance at one place to get lower premiums...just a thought, it worked for me but may not work for others.
Always check with your employer first to see if they offer Life Insurance. Because of the group rates we will get Insurance through employer for lower premiums.
I bought $250K Term policy from State Farm at $23/mo ($276/yr with DISABILITY WAIVER OF PREMIUM). I bought it recently (My age-33 yrs). As per my agent I got qualified for very low premium rates because I have Auto, Renters Insurance and also have SF Bank account with them. May be its a good idea to move all your Insurance at one place to get lower premiums...just a thought, it worked for me but may not work for others.
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fide_champ
03-14 01:03 PM
Who can give me an advice, please!
I�m on the 8th year of H1-B and my file is still on Philadelphia backlog Center. I filed this LC on April 2001 and I�m still waiting�.
My daughter she graduate the High School here in US and now she�s student at a local community college.
I just received the H1-B extension for myself and H4 extensions for my wife and my daughter; mine is O.K. until March 2008 but for the girls just until 07/2007.
Could be because she will turn 21 in July?
I did contact the attorney and he will refile the whole package again hopefully will be granted on time � driver licenses expires in June and all those small-big daily issues��
What options do we have so she can reapply for NYU or NYSID in this fall? Last year her application was granted but we had insufficient funds, she can not have a student loan or something similar � no SSN.
What kind of visa we should apply for her, it is out there a possibility?
We are still hoping that they will solve my LC until July but I lost my confidence and hope a little bit��
Thanks.
Children above 21 are not considered by USCIS as your dependants and hence will not get a H4 visa. Best thing would be to have her apply for graduate school and get a F1 visa.
Last week there was an article in murthy about a DREAM Act. Hope that it gets passed. According to DREAM Act if your children passed high school in US and has studied atleast 2 years, then they will get a temporary green card.
I�m on the 8th year of H1-B and my file is still on Philadelphia backlog Center. I filed this LC on April 2001 and I�m still waiting�.
My daughter she graduate the High School here in US and now she�s student at a local community college.
I just received the H1-B extension for myself and H4 extensions for my wife and my daughter; mine is O.K. until March 2008 but for the girls just until 07/2007.
Could be because she will turn 21 in July?
I did contact the attorney and he will refile the whole package again hopefully will be granted on time � driver licenses expires in June and all those small-big daily issues��
What options do we have so she can reapply for NYU or NYSID in this fall? Last year her application was granted but we had insufficient funds, she can not have a student loan or something similar � no SSN.
What kind of visa we should apply for her, it is out there a possibility?
We are still hoping that they will solve my LC until July but I lost my confidence and hope a little bit��
Thanks.
Children above 21 are not considered by USCIS as your dependants and hence will not get a H4 visa. Best thing would be to have her apply for graduate school and get a F1 visa.
Last week there was an article in murthy about a DREAM Act. Hope that it gets passed. According to DREAM Act if your children passed high school in US and has studied atleast 2 years, then they will get a temporary green card.
more...
fuzzy logic
07-18 03:28 PM
Any other view points on this situation would be appreciated. Thanks very much
slowwin
05-14 02:06 PM
has anybody been asked to submit past I-94s? such as the I-94s that were given to me in the 9 years that i stayed here? i did not keep copies of all those... i gave those away to the folks on the airport... why do they want that now?
10 years ago even before I moved to USA for school, I was warned to keep a copy of every notice, approval, I-20's , I-94's , what not etc. I did so and after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D
I did read the same advise I got, recently on murthy web site.
regards,
slowwin
10 years ago even before I moved to USA for school, I was warned to keep a copy of every notice, approval, I-20's , I-94's , what not etc. I did so and after 10 years and counting , I have to haul a mid sized brief case every time I travel out of the country.:D:D:D
I did read the same advise I got, recently on murthy web site.
regards,
slowwin
more...
Humhongekamyab
06-22 02:45 PM
Take it from me guys, all of this "pre-adjudication" thing means nothing. You can still get denied, you can still get RFEs when the officer re-opens your file to adjudicate, they reserve the right to go over the case with any new interpretations of the laws they may come up with in the future if they wish to make things more restrictionary. Basically "pre-adjuducation" is fools gold.
I have had my 485 pending since Aug 2005. Over the years, my PD has been current on two separate occasions since then, once for 2 months and once for 3 months. I have had 2 RFEs over the years. I am still waiting.
Absent a sustained visa date movement past your PD, which basically means visa recapture. We will all be waiting for years. In this time a job loss, an injury that renders you unable to be employed, anything that makes you fall out of status, restrictionary local laws(eg Drivers license) basically anything can affect you.
The single most important thing for those of us at the 485 stage is visa recapture. Absent that, not much else will help in the near term IMHO.
Well said.
I have had my 485 pending since Aug 2005. Over the years, my PD has been current on two separate occasions since then, once for 2 months and once for 3 months. I have had 2 RFEs over the years. I am still waiting.
Absent a sustained visa date movement past your PD, which basically means visa recapture. We will all be waiting for years. In this time a job loss, an injury that renders you unable to be employed, anything that makes you fall out of status, restrictionary local laws(eg Drivers license) basically anything can affect you.
The single most important thing for those of us at the 485 stage is visa recapture. Absent that, not much else will help in the near term IMHO.
Well said.
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rck4evr
08-07 08:12 PM
My employer says its the company's policy not to file for EAD or AP for all its employees. They are just filing the 485. I am sure that they(employer and lawyer) will not be giving me the 485 reciept or the fedex reciept
What options do I have ?
What options do I have ?
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lonedesi
01-08 04:14 PM
For Feb 2009:
EB2 India will move to 10/01/2003.
EB2 India will move to 10/01/2003.
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pappu
12-31 09:04 AM
Good idea
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man-woman-and-gc
08-28 06:13 PM
As mentioned in my previous post, one should at least stay with their employer, at the time of GC approval, for around 6 months to a year .
Then again, nothing about the time line is case in stone (that is nothing is said in the law books). However the shorter the duration, the more the burden on you to prove that you did not get your GC with no intention of working for the employer.
As someone else mentioned AC21 invalidates the requirement that you need to work for the same employer. That is a gray zone. Based on my understanding:
1) When applying for any stage of the processing, you need to have intent to work for the employer (otherwise, legally you have committed fraud).
2) Even with AC21, I believe you need to stay with your then current employer for some period of time after getting GC.
I know people who have left their jobs within a month of two of their GC and have had no problems even with their citizenship. So it is up to you to maintain your own good sense of security on how long you want to stay with a company after GC. Most lawyers' opinion is to stay for at least a year - provided (their boiler plate advice) that you dont have premeditated intention to leave.
Once you are happy and secure with the "cooling off" period after GC, you can work in any field (not meant to deride, but you could also work as a hamburger flipper if you so choose), or take a break.
Does that 1 year time period start counting after the GC has been received? What If I have already been working for the employer for over 3 years...can i change my job in the same month as I got my GC approved?
Then again, nothing about the time line is case in stone (that is nothing is said in the law books). However the shorter the duration, the more the burden on you to prove that you did not get your GC with no intention of working for the employer.
As someone else mentioned AC21 invalidates the requirement that you need to work for the same employer. That is a gray zone. Based on my understanding:
1) When applying for any stage of the processing, you need to have intent to work for the employer (otherwise, legally you have committed fraud).
2) Even with AC21, I believe you need to stay with your then current employer for some period of time after getting GC.
I know people who have left their jobs within a month of two of their GC and have had no problems even with their citizenship. So it is up to you to maintain your own good sense of security on how long you want to stay with a company after GC. Most lawyers' opinion is to stay for at least a year - provided (their boiler plate advice) that you dont have premeditated intention to leave.
Once you are happy and secure with the "cooling off" period after GC, you can work in any field (not meant to deride, but you could also work as a hamburger flipper if you so choose), or take a break.
Does that 1 year time period start counting after the GC has been received? What If I have already been working for the employer for over 3 years...can i change my job in the same month as I got my GC approved?
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masterji
05-22 11:51 PM
But, when someone enters US with AP, then his H1B becomes void. In that case what is the point of going back to Toronto to get the passport with H1B visa stamp which will have no value? Am I right?
His visa application is pending name check verification and they handed him his passport back saying they will call him once they receive NC clearance from DOS. So he had his passport with him and his AP so was able to come back.
His visa application is pending name check verification and they handed him his passport back saying they will call him once they receive NC clearance from DOS. So he had his passport with him and his AP so was able to come back.
more...
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ivgclive
04-27 04:24 PM
You are assuming that local police officials understand all legal immigration laws. do local police know how many types of work visas are in practice? Do they know staying on I-94 extension? Do they know MTR, EAD, AP, etc. etc...? Do they understand spouse visas, student visa,
I agree with you completely.
Almost all contries in rest of the world have only 4 to 5 visas, Visiter/Work/Relegious/Official etc.
Only US has more than 15 main visa types for non-immigrants + many have sub-clauses like H4, L2.
AOS, EAD & Waiting for a decision are other areas.
A local police officer will easily get mad of being trained in all those. If he gets mad, we are the one on the firing line to receive. This takes their focus out of the person they are dealing with and put it on a hectic process of validating different systems.
I agree with you completely.
Almost all contries in rest of the world have only 4 to 5 visas, Visiter/Work/Relegious/Official etc.
Only US has more than 15 main visa types for non-immigrants + many have sub-clauses like H4, L2.
AOS, EAD & Waiting for a decision are other areas.
A local police officer will easily get mad of being trained in all those. If he gets mad, we are the one on the firing line to receive. This takes their focus out of the person they are dealing with and put it on a hectic process of validating different systems.
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shiva7
10-07 01:48 PM
Hi,
We are from Gallup , NM.
We are(3 people) 5 hours away from phoenix.
Can we join AZ chapter ?
Thanks.
We are from Gallup , NM.
We are(3 people) 5 hours away from phoenix.
Can we join AZ chapter ?
Thanks.
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pomogranate
11-21 12:35 PM
You can vote to Dizzy
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delax
08-05 07:07 PM
Yes it is.
The formula below returns the day of the year for a date in cell A1:
=A1-DATE(YEAR(A1),1,0)
Note: Excel automatically formats the cell as a date, so change the number format to another option (like General).
Didn't work for me. My ND is Sept 4 and my receipt has SRC-07-264-XXXXX. I get 247 with your formula.
The formula below returns the day of the year for a date in cell A1:
=A1-DATE(YEAR(A1),1,0)
Note: Excel automatically formats the cell as a date, so change the number format to another option (like General).
Didn't work for me. My ND is Sept 4 and my receipt has SRC-07-264-XXXXX. I get 247 with your formula.
more...
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bugsbunny
04-13 08:13 PM
Yes Bugsbunny, I work for a consulting firm.
In recent times this is the cause of frequent H1B denials
as there is a requirement to prove direct "employer-employee" relationship between you and end client...meaning you should be reporting daily to a supervisor at end client...instead of the consulting company.
This is just a rough reason that may not be accurate for your case...so please consult with an immigration attorney.
In the meantime i think you have little choice but to come on F1...or you can wait to see if its possible to resolve the issue with USCIS...and try to get H1 stamp again
In recent times this is the cause of frequent H1B denials
as there is a requirement to prove direct "employer-employee" relationship between you and end client...meaning you should be reporting daily to a supervisor at end client...instead of the consulting company.
This is just a rough reason that may not be accurate for your case...so please consult with an immigration attorney.
In the meantime i think you have little choice but to come on F1...or you can wait to see if its possible to resolve the issue with USCIS...and try to get H1 stamp again
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sunny1000
01-17 03:23 PM
This is what the USCIS website says about appeal rights for I-485 denial.
Appeal a Denial
If your application for adjustment of status is denied, your decision notice will let you know your appeal rights. Not every decision can be appealed. Generally, if your decision can be appealed, you must file the appeal within 30 days of the service of the decision. You may also be able to file a Motion to Reopen or Reconsider. Both appeals and motions are filed on Form I-290B, Notice of Appeal or Motion.
For more information, see “How Do I Appeal the Denial of Petition or Application?” link to the right.
USCIS - Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCR D&vgnextchannel=2da73a4107083210VgnVCM100000082ca60a RCRD)
Appeal a Denial
If your application for adjustment of status is denied, your decision notice will let you know your appeal rights. Not every decision can be appealed. Generally, if your decision can be appealed, you must file the appeal within 30 days of the service of the decision. You may also be able to file a Motion to Reopen or Reconsider. Both appeals and motions are filed on Form I-290B, Notice of Appeal or Motion.
For more information, see “How Do I Appeal the Denial of Petition or Application?” link to the right.
USCIS - Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCR D&vgnextchannel=2da73a4107083210VgnVCM100000082ca60a RCRD)
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vr_thota
08-07 11:49 PM
$$$$$$$$$$$$$$$$$$$$$$
rnanchal
02-05 04:02 PM
We cant make a difference, because we are fragmented. Forget helping out, others, we refuse to help ourselves
a_yaja
04-26 02:14 PM
Does anyone have any info on this company..??
I am in the process of refinancin my home currently...the best rates i could get till date was 4.85-4.75% for 30 yrs ....
Ashford is the only company givin me 4.5% for 30 yrs ..that .25 % difference makes a difference of 70 dollars per month for me for the next 30 yrs ......so the rate sounds too good but very skeptical about it..ashford contacted me thru lendingtree.com .........
any ideas folks?
http://www.ashfordmortgage.com/index.php
The best place for you to start would be the Better Business Bureau. http://www.bbb.org. From here you can navigate to your state and search for the mortgage company. You should even be able to search by the URL. Another place would be Angie's list - but they may or may not be listed. You could also look them up on ripoffpreport.com to see if there are complaints against them.
I am in the process of refinancin my home currently...the best rates i could get till date was 4.85-4.75% for 30 yrs ....
Ashford is the only company givin me 4.5% for 30 yrs ..that .25 % difference makes a difference of 70 dollars per month for me for the next 30 yrs ......so the rate sounds too good but very skeptical about it..ashford contacted me thru lendingtree.com .........
any ideas folks?
http://www.ashfordmortgage.com/index.php
The best place for you to start would be the Better Business Bureau. http://www.bbb.org. From here you can navigate to your state and search for the mortgage company. You should even be able to search by the URL. Another place would be Angie's list - but they may or may not be listed. You could also look them up on ripoffpreport.com to see if there are complaints against them.
