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txh1b
08-18 02:48 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
sreeks925
02-03 04:44 AM
Bush urges US Congress to lift H-1B visa limit
Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
hiralal
06-15 10:09 PM
I have a quick question though it is not related to family petition.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
mkumar
10-09 12:53 PM
Fromnaija and ChanduV-
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
more...
gcisadawg
04-12 08:18 PM
This is correct. Only your attorney will get the RFE.
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
GCard_Dream
06-18 06:15 PM
Just so you know, EB3-ROW has the exact same issue as the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
more...
vts31
10-20 10:08 PM
correct...and holy crap u have a lot of posts!
delhikadesi
01-27 10:44 PM
Hello,
I am from chandler.....
but truly in current economy I am not sure if GC in on priority of anyone's list !!.
I am open for a meet and greet to get the ball rolling for our future plans!!
I am from chandler.....
but truly in current economy I am not sure if GC in on priority of anyone's list !!.
I am open for a meet and greet to get the ball rolling for our future plans!!
more...
johny120
08-23 11:32 AM
No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
REEF�
06-11 05:43 PM
suuurree..
more...
barath_india
07-17 03:50 PM
Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.
This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.
Bharath
This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.
Bharath
rsdang
07-23 10:41 AM
What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well
FNU - also stands for Family Name Unknown...
Hope this helps...
FNU - also stands for Family Name Unknown...
Hope this helps...
more...
tabletpc
01-10 01:23 PM
Its a gray area....!!!!!
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
sanjay
02-02 12:03 PM
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
Any thoughts???
Assume:
This mean from the date this bill gets enacted, one should stay in USA for five years continuously.
It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.
What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
Any thoughts???
Assume:
This mean from the date this bill gets enacted, one should stay in USA for five years continuously.
It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.
What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?
more...
h1techSlave
07-16 10:26 PM
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
rally
07-13 02:13 PM
:p :p :p
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
36 million hollywood house (not sure of exact value) + 3 nannies + 1 cook + 2 cook's help + 1 pool boy + 1 gardner + 1 Beckam's PR person + 1 Wife's PR person + 1 Masseuse + ......+ friend's Cruise recomendation to USCIS director = greencard in 1,2,3 or so months whether you like it or not
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
36 million hollywood house (not sure of exact value) + 3 nannies + 1 cook + 2 cook's help + 1 pool boy + 1 gardner + 1 Beckam's PR person + 1 Wife's PR person + 1 Masseuse + ......+ friend's Cruise recomendation to USCIS director = greencard in 1,2,3 or so months whether you like it or not
more...
hkusumadi
03-27 12:00 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
supender
03-23 01:58 PM
Legally you are only barred if you are unlawfully present over 180 days.And unlawful presence and out of status are two different things. If your visa has not expired and just your I-94 had a lapse period, you have'nt accumulated a single day of unlawful presence. However you have been out of status for around 10 months. I was in same situation as yours once and my first lawyer was clueless about difference between unlawful presence and out of status. Luckily I got advice from another lawyer who cleared things up for me. I went to India got my H1B visa stamped and came with no problem.
You should seek a good a lawyer, who know what he/she is talking about.
You should seek a good a lawyer, who know what he/she is talking about.
fall2004us
09-01 01:00 PM
Nice article...
Its really saddening, parents do so much for their kids and when they grow old, the kids cant take good care of them ??
My own cousins are like that two cousins (vice president of a reputed company and another one is a surgeon) put their mom to old age home, another cousin didnt even have medical insurace for his parents reason being he is a Dr and he can take care of them during any situation.
Its really saddening, parents do so much for their kids and when they grow old, the kids cant take good care of them ??
My own cousins are like that two cousins (vice president of a reputed company and another one is a surgeon) put their mom to old age home, another cousin didnt even have medical insurace for his parents reason being he is a Dr and he can take care of them during any situation.
monikainusa
03-22 10:48 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
tuhin
07-17 11:04 PM
Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.
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