chaanakya
11-10 04:18 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
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dealsnet
08-18 09:53 AM
Try EB3. Don't spend time and money for EB2 with 3 year degree.
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju

gconmymind
07-09 06:42 PM
For 3-9 years, it is a good news.
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
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kams
06-15 01:15 PM
At Dr.Marcel Stern, I got an appointment for June 29th. For kids, the charge is $100, for adults b/w 280-350.
They specifically mentioned that they are no longer entertaining Walk in any more. They used to till 12:00 noon today.
All doctors are swamped.
They specifically mentioned that they are no longer entertaining Walk in any more. They used to till 12:00 noon today.
All doctors are swamped.
more...
vamsi_poondla
02-07 02:52 PM
I never knew that one can become moderator/admin by posting more posts to get attention of Pappu. ;)
There is a thin like between spam and high publicity. Chandu never crossed this.
Those who are yet to send the letters, please send it. Those who already sent them, please ask your friends. Those who feel more strong about GC and believe that IV can work for our benefit, print 10 copies at least and get the signatures from your friends directly.
All in all, let use +ve energy that will make this campaign successful, rather than questioning other motivated members' intentions.
There is a thin like between spam and high publicity. Chandu never crossed this.
Those who are yet to send the letters, please send it. Those who already sent them, please ask your friends. Those who feel more strong about GC and believe that IV can work for our benefit, print 10 copies at least and get the signatures from your friends directly.
All in all, let use +ve energy that will make this campaign successful, rather than questioning other motivated members' intentions.
virens
09-26 02:13 PM
When they approve a case then status clearly says 'Case Approved'.
The email "we mailed the document to the applicant" may be anything or nothing, like if they transfer ur case to different service centre, they send a notice. Some time they don't send anything even though the email contradicts it. Keep checking the status, they might update it later if the case has been approved.
Also, for AP keep bugging ur attorney to see if they got it. For EAD, make sure your mail box has your name clearly, otherwise they won't deliver it.
Thanks for the thoughts. My EAD was approved last week and I already got it in mail.
I aske my attorney's office and they say "document mailed" means its approved. I dont know what to make of it, guess I'll just wait to see something in mail.
The email "we mailed the document to the applicant" may be anything or nothing, like if they transfer ur case to different service centre, they send a notice. Some time they don't send anything even though the email contradicts it. Keep checking the status, they might update it later if the case has been approved.
Also, for AP keep bugging ur attorney to see if they got it. For EAD, make sure your mail box has your name clearly, otherwise they won't deliver it.
Thanks for the thoughts. My EAD was approved last week and I already got it in mail.
I aske my attorney's office and they say "document mailed" means its approved. I dont know what to make of it, guess I'll just wait to see something in mail.
more...
sanjay
05-27 10:50 AM
Just to add -
If customer is from India/China/Mexico then they will receive the product in 10 years. Rest all can get it in 3/4 years.
If customer uses Master Card (EB-1) then they get it in 6 months, Discover (EB-2) in 1 year. Rest all will wait for a long time.
Their order goes in pending queue, if they do not receive the product within 1 year then they have to renew the order and customer will pay for this renewal.
9 YEARS AND COUNTING.........................
Discover (EB-2) in 1 year - I hope this period is not for India.
I am EB2 waiting for last 7 years. And had no idea when this wait period will end.
If customer is from India/China/Mexico then they will receive the product in 10 years. Rest all can get it in 3/4 years.
If customer uses Master Card (EB-1) then they get it in 6 months, Discover (EB-2) in 1 year. Rest all will wait for a long time.
Their order goes in pending queue, if they do not receive the product within 1 year then they have to renew the order and customer will pay for this renewal.
9 YEARS AND COUNTING.........................
Discover (EB-2) in 1 year - I hope this period is not for India.
I am EB2 waiting for last 7 years. And had no idea when this wait period will end.
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marry_after_485
06-16 10:49 AM
If I get married to gal who is here in USA, before my I 485 aproval, and if my I-485 aprove before priority date available, is there any way my wife can apply for Green card? and get it with me?
more...
vin13
03-25 12:28 PM
USCIS have reviewed my application in October and in February for pre-adjudication. How I am sure about that is because in Feb my wife got an RFE for Medical and mine was fine. Unless the primary is fine they will not touch dependent.
I got an RFE for medical and my wife got an RFE for "Status during a certian period" last September at the same time. We replied to the RFE and the case status now says "Case Resumed...." for both.
Since my wife(derivative) had a RFE, can i take it for granted that my case is pre-adjudicated?
I got an RFE for medical and my wife got an RFE for "Status during a certian period" last September at the same time. We replied to the RFE and the case status now says "Case Resumed...." for both.
Since my wife(derivative) had a RFE, can i take it for granted that my case is pre-adjudicated?
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bobzibub
05-24 07:14 PM
I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
Go Savage......
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
Go Savage......
I would choose my "bedfellows" cautiously.
Once CIR has collapsed, he'll re-aim. Remember: Most of the "Right Wing" are looking for scape goats right now. The neo-conservatives' policies have failed demonstratively for the average, joe-sixpack American since the Clinton years and if they don't find some group to blame, they'll have to blame themselves. (Nobody wants to blame themselves) Savage represents the neo-conservatives.
If he is a bigot (as many right wing talk show hosts are) then he will easily be bigoted against us.
more...
eb3_nepa
09-22 12:11 PM
there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
Unfortunately almost nothing actually gets done in the lame duck!
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
Unfortunately almost nothing actually gets done in the lame duck!
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WeShallOvercome
07-19 03:17 PM
if u have a valid H1, plus a valid stamp...empoyer may not give u 485 receipt as u can re-enter w/o prob. Just on H1
However, if ur H1 VISa stamp is expired..u have to either use AP (which was not filed, so cant use) or get VISa stamping fresh appt.
The regulation above says you need H1 stamp AND original receipt notice of your I-485. So if you have to travel abroad, you should be able to ask the receipt from your employer.
However, if ur H1 VISa stamp is expired..u have to either use AP (which was not filed, so cant use) or get VISa stamping fresh appt.
The regulation above says you need H1 stamp AND original receipt notice of your I-485. So if you have to travel abroad, you should be able to ask the receipt from your employer.
more...
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GC_hope_2006
11-12 05:31 PM
Thanks Jatinr for your inputs.
Unfortunately, Canadian authorities don't take I-94 as it is nothing to do with them and don't pass it to US CBP.
Even if I come back - may walk to US border point to return I-94, the issue is not returning I-94 alone it is the date of leaving as there won't be any stamping or any record of leaving.
Unfortunately, Canadian authorities don't take I-94 as it is nothing to do with them and don't pass it to US CBP.
Even if I come back - may walk to US border point to return I-94, the issue is not returning I-94 alone it is the date of leaving as there won't be any stamping or any record of leaving.
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pd052009
11-15 10:30 AM
+ straight As only ?
why - only tier1 & tier2 ? should be based salary withdrawn- isn't?
GC quota should be based on skillset(1,2,3), not solely based on salary.(remeber, we are talking about future salary here).
There should be a separate quota for Master's degree holders with existing jobs in their field of study. That would weed out people joining random schools for a Master's degree just to be part of that quota.
They should work atleast for 3Yrs(1st H1B duration) after OPT, in their field to qualify for the new quota. If they change the field during this time, they have to come and join our line.
why - only tier1 & tier2 ? should be based salary withdrawn- isn't?
GC quota should be based on skillset(1,2,3), not solely based on salary.(remeber, we are talking about future salary here).
There should be a separate quota for Master's degree holders with existing jobs in their field of study. That would weed out people joining random schools for a Master's degree just to be part of that quota.
They should work atleast for 3Yrs(1st H1B duration) after OPT, in their field to qualify for the new quota. If they change the field during this time, they have to come and join our line.
more...
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thepaew
02-19 06:11 PM
The Swiss do not break down the source of the Indian money and it could all be EU accounts of Indian companies that have operations in Europe. We just do not know. As Switzerland has the lowest tax in Europe, a lot of companies with operations in Europe have accounts there.
If India had sensible policies it could generate Trillions of $s and this 1.4T would not matter.
I am trying to start a Pvt Ltd in India and it takes about 40 days and $3000 to get started. In MA, it takes a few hours and less money despite the much higher lawyer fees here. No wonder the country is poor. It is not the corrupt people but the honest (but incompetent) people who do more damage by slowing the pace of business.
The path to hell is paved with good intentions.
In case you are interested to see how difficult it just to start a company there, here is a link
http://hkhurana.wordpress.com/2008/11/09/incorporating-a-private-limited-company-in-india/
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won’t be fighting for GC here these westerns at our door step.
If India had sensible policies it could generate Trillions of $s and this 1.4T would not matter.
I am trying to start a Pvt Ltd in India and it takes about 40 days and $3000 to get started. In MA, it takes a few hours and less money despite the much higher lawyer fees here. No wonder the country is poor. It is not the corrupt people but the honest (but incompetent) people who do more damage by slowing the pace of business.
The path to hell is paved with good intentions.
In case you are interested to see how difficult it just to start a company there, here is a link
http://hkhurana.wordpress.com/2008/11/09/incorporating-a-private-limited-company-in-india/
Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
http://nrlp.iwmi.org/main/maps.asp
Imagine if this happens in real time we won’t be fighting for GC here these westerns at our door step.
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glus
10-19 08:22 AM
USCIS officially released the information that total I-485 applications which were related to July VB fiasco before August 16, 2007 were 320,000. During the period, the USCIS received 400,000 anxillary applications (EAD and AP), and substantial number of concurrent I-140 petitions. All of these figures added upto 800,000. For the USCIS verification of this information, please Q&A between the USCIS and AILA as part of the Community Relations meeting on September 25, 2007. This has been made available today.
http://www.immigration-law.com/Canada.html
:):):):):):):D:D:D
Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.
Regards,
http://www.immigration-law.com/Canada.html
:):):):):):):D:D:D
Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.
Regards,
more...
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aupadh
01-26 03:28 PM
Well it seems the idea to get a Stimulus for 2008 for people having spouses with ITIN is nearing dead end (no action). Now the government is planning another stimulus. I think we should work on taking the necessary steps to prevent the same happening this year (being dropped out). I think we should raise awareness and write to all people including President Obama.
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NWISE
03-31 12:31 PM
Good initiative!
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nature
08-23 04:34 PM
yes
nostra
03-31 11:27 AM
Please attach some pics or a video if possible!
Thank You.
Thank You.
hopefullegalimmigrant
04-20 06:37 PM
All of of this, writing to the president, congressman/congresswoman are fine, but PLEASE, PLEASE make sure, that the following are adhered to:
(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"
(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.
(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.
You are right. I accept. I sent an apology, water under the bridge, Thanks for the reconfirmation. Now What can we do to make this happen. What suggestions do you have other than send more letters?
(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"
(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.
(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.
You are right. I accept. I sent an apology, water under the bridge, Thanks for the reconfirmation. Now What can we do to make this happen. What suggestions do you have other than send more letters?
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