suavesandeep
01-08 02:30 PM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
gcseeker2002
11-05 01:00 PM
I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
pmpforgc
12-11 02:12 PM
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
swamy
12-30 01:20 AM
about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho
more...
BMWX5
03-08 09:51 PM
I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.
Same thing happend with me too. I gave them, they said they don;t want.
I tried to give evey point of my transit, nobody took it.
Don't know how to handle.
Same thing happend with me too. I gave them, they said they don;t want.
I tried to give evey point of my transit, nobody took it.
Don't know how to handle.
andy garcia
01-03 03:04 PM
Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
more...
Houstonguy
08-11 09:02 AM
EB2-I/PD May 15, 2006/I-140 APPROVED 08/2006/I-485 FILED JULY 2/2007.
hopesoon
09-02 12:39 PM
I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.
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Ramba
06-24 10:54 AM
Thanks janilsal.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
arunoman
04-10 02:41 AM
Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.
more...
go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
drirshad
05-05 02:23 AM
USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL
April 22, 2010
PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
received at this email account will not be addressed.
EB 1-485 CASE IDENTIFICATION PROCEDURES
1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
2. You should send an email to: EBUPDATE.Tsc@dhs.gov
3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.
more...
LostInGCProcess
11-06 02:39 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
trueguy
08-11 10:40 AM
Here you go!
thanks willwin
thanks willwin
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pappu
09-19 07:12 AM
If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
Thanks gg_ny for the tips and mails. we will be contacting you for help.
We are also looking for professors in universities that are retrogressed. This is one section that has not been covered much in the media.
Thanks gg_ny for the tips and mails. we will be contacting you for help.
We are also looking for professors in universities that are retrogressed. This is one section that has not been covered much in the media.
gcgreen
07-17 03:59 PM
165/hr is peanuts man. lawyers are EXPENSIVE. period.
Isn't $165/hour a steep rate?
Isn't $165/hour a steep rate?
more...
mirchiseth
05-29 01:18 PM
Just to confirm, based on webm's response
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
hemanth22
07-05 08:40 PM
or if some future entreprener gets so disgusted with this process and leaves the US and starts a world class company in another country la google
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
Googler
07-17 07:06 PM
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
amulchandra
02-06 05:54 PM
Hi Anand,
I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.
In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.
Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.
Amul
I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.
In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.
Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.
Amul
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