glus
02-20 10:36 AM
Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.
The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
one is illegaly present in the U.S. as long as one:
1. Is married to a U.S. citizen;
2. Is otherwise admissible to the U.S. and;
3. Has entered to the U.S. via legal means.
If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.
The INA (Immigration and naturalization act) allows for one to adjust to GC holder even if
one is illegaly present in the U.S. as long as one:
1. Is married to a U.S. citizen;
2. Is otherwise admissible to the U.S. and;
3. Has entered to the U.S. via legal means.
If all of the above are true, the case is relatively simple in nature for as long as the marriage is a legitimate one.
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b072707
10-24 11:47 AM
I am in the same boat. no receipts so far.
manja
06-29 03:16 PM
To add my wife I'll need to pay 500+ per month which is pretty expensive. That's why I was looking for outside options. I found some on ehealthinsurance but none of them cover pregnancy.
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arunmohan
11-14 03:51 PM
Thank you roseball. What is H1 COE?
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desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
mirage
07-01 06:17 PM
There are many people who would sign up anything to come to US. When that A company spends 5-6k and bring people here, they disapear in 1 month. Obviously in this case court will go against the employee firstly because there is an underlying bias for the employer as he's a US employer second I personally feel he has all rights to ask for money since he invested in you...
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windycloud
09-04 01:17 PM
That would be sweet I guess. My PD is Oct. 07. :)
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copsmart
06-15 02:52 PM
Given below are my case details.
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
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jr8rdt
01-07 02:51 PM
casinoroyale - can you clarify, you are contradicting yourself.
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.
your second email says:
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
-can or can't we use H1 after using AP.
-what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?
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maddipati1
08-31 10:54 AM
Even after they stopped issuing Interim EADs at Filed Offices, one can always 'request' for interim EAD at field office by taking an appointment thry InfoPass. FO then would talk to service centers about the case.
This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.
This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.
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WeldonSprings
01-15 03:35 PM
Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
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lostinbeta
10-20 10:48 PM
Censoring yourself now dan?
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tikka
06-03 01:14 PM
http://immigrationvoice.org/forum/showthread.php?t=4618&page=23
Thank you
Thank you
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gcpadmavyuh
08-21 11:22 AM
Where did you file, TSC/NSC?
Please see above
Please see above
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waiting_4_gc
01-18 01:54 PM
Great idea. We are getting another opportunity to meet with our NorCAL IV members.
I am in.
Can someone PM me with more info about this event?
I am in.
Can someone PM me with more info about this event?
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suresh.emails
09-14 10:49 AM
The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
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chinta_ramesh
08-21 11:57 AM
It seems they want to make some progress before updating the dates :rolleyes:
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srikondoji
09-14 07:21 PM
Guys,
Post a link to the recorded radio interview. I want to listen tonight.
--sri
Post a link to the recorded radio interview. I want to listen tonight.
--sri
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vattam
05-25 08:26 AM
The immigration counselor for kennady is on the floor, so his associate took the information. He said he is going to pass the information to immigration counselor. They were friendly.
tp976
04-30 05:38 PM
thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at
javadeveloper
07-20 04:16 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
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