hetuweb
01-25 08:23 PM
This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM ?Adjustment Of Status (AOS) TO Consular Processing (CP)? or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM ?Adjustment Of Status (AOS) TO Consular Processing (CP)? or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
wallpaper as I#39;m sure Tyler Perry
waiting4gc02
02-28 03:31 PM
Thanks for the suggestion.
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
phillyag
07-17 10:41 PM
I am going to be filing amendment to my previsously filed app. to add my wife.
My lawyer said I can do that.
My lawyer said I can do that.
2011 This is the poster for Tyler
rpatel
10-18 11:34 AM
I think fromnaija got it reversed. I think you can file form I-824 to change your request for adjustment of status (on I140) to consular processing. The processing time for this form is lengthy...and questions may arise why as to you left the country and if the job offer was still valid...epecially if you were working for the sponsoring empolyer at the time of original petiton.
As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.
Hope this helps.. Good luck
As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.
Hope this helps.. Good luck
more...
rajeshalex
08-26 12:40 PM
this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
madhuri_sri
10-03 01:14 PM
Thanks everyone for the input.
And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
Thanks again.
Madhuri
And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
Thanks again.
Madhuri
more...
131313
November 16th, 2004, 09:23 PM
I gotta see this place. ...very inviting photographs.
2010 in Tyler Perry#39;s movies.
sircaustic
01-02 08:59 PM
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Thanks Sreenivas for taking time to reply!
I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"
Some insight will be much appreciated!Thanks!
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Thanks Sreenivas for taking time to reply!
I have another cpl. of questions:
- After e-filing I was notified that the case has gone to National benefit center. Is this common/okay?
- Secondly, I am confused what to explain for Part 7 of I-131 form that states : "On a seperate sheet of paper, Explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole"
Some insight will be much appreciated!Thanks!
more...
austingc
04-29 05:45 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
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indio0617
01-30 12:15 PM
If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
more...
determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
hot Tyler Perry#39;s Daddy#39;s Little
Aura M.
01-14 04:05 PM
SO, the company will have to obtain a LCA for Eta 9035E before I-129??? kind of confused!!!!!!!
why LCA is envolved when is the visa that is expiring????
why LCA is envolved when is the visa that is expiring????
more...
house Tyler Perry#39;s Madea Goes to
WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
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illinois_alum
11-01 02:59 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
more...
pictures Tyler Perry#39;s Madea Goes To
theshiningsun
06-30 11:12 AM
i live in Dublin OH.
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
dresses Janet Jackson, Tyler Perry.
agiridhar
05-14 08:23 AM
When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can?t an antitrust lawsuit stand good in US courts?
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
more...
makeup cameos in Tyler Perry#39;s
testsite
11-03 10:26 AM
Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?
girlfriend Tyler Perry and Janet Jackson---Why Did I Get Married Too.
perm2gc
10-24 11:10 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
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mgkadiri
06-02 08:47 AM
Please share your experience, if any one come across this situation
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
satishbsk
07-20 12:31 AM
Congresswoman Lofgren Started, IV core tcontinued guiding IV members with Flower campaign / SJ rally.
IV core gave all updates.
AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D
_______________
Contributed $280 so far
$20 recurring
IV core gave all updates.
AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D
_______________
Contributed $280 so far
$20 recurring
ragz4u
05-09 09:10 AM
like family based etc.
Most probably today is History of legal immigration, tomorrow is family based immigration and Thursday they will talk about employment based immigration.
Keep an eye (or should I say an ear) out for Immigration Voice during the third part :)
Most probably today is History of legal immigration, tomorrow is family based immigration and Thursday they will talk about employment based immigration.
Keep an eye (or should I say an ear) out for Immigration Voice during the third part :)
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