Dipika
11-14 10:41 AM
thanks for the response ....how long is the response time for such cases....
You may not need to complain to the DOL. just talk on phone with your previous employer (OR Receptionist whoever...) and say that pay me within a week otherwise i'm going to complaint in DOL. Once he get threat of DOL from you, he will call back to you and pay you immediately.
I had same experience and i used above way.
You may not need to complain to the DOL. just talk on phone with your previous employer (OR Receptionist whoever...) and say that pay me within a week otherwise i'm going to complaint in DOL. Once he get threat of DOL from you, he will call back to you and pay you immediately.
I had same experience and i used above way.
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anai
04-16 07:59 AM
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
One can only hope for the sake of the spouses concerned that no one else is in "the same situation."
IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
One can only hope for the sake of the spouses concerned that no one else is in "the same situation."
IV is for legal immigrants. But what if a legal immigrant is a pedophile? Will this forum provide advice to such people? We can either take the approach that IV is for all legal immigrants, criminals or otherwise. Or we can say that we have to draw the line somewhere. This is a decision we have to take as a community. While I don't decide for this community, my opinion is that those who have been convicted for DUI, wife beating, etc should not benefit from this site.
GCOP
11-08 07:38 PM
There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories.
We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.
We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota.
I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.
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green-mile
01-18 03:17 PM
Hey NJBOY , here no one is against no one .....
Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...
your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.
Before you blame some one double check your post.
BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.
Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...
your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.
Before you blame some one double check your post.
BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.
more...
ksrk
08-14 08:08 PM
Hi Omved,
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
nikamd
05-13 08:31 AM
I am in the same boat. Current from March.........but nothing yet....:(:(:(:(:(:(
more...
Whitemonkey
07-15 10:45 PM
This is a hard call. I would probably wait for the EAD before deciding which one to cancel. you might be canceling one that is about to send you your EAD. It is risky.
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go_guy123
10-05 03:06 PM
Very good list of people in IV board...it will help to bring visibility.
I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.
I can understand CIR is held up/hostage etc, but once CIR is abandoned, and piecemeal
strategy comes, IV does need greater visibility against competing lobbies like foreign nurse, etc.
more...
EndlessWait
12-06 11:36 AM
bump
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nixstor
08-23 12:16 PM
I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.
more...
nandini
08-03 06:02 PM
i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.
i think you are eligible for 3 year extension.
i think you are eligible for 3 year extension.
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chanduv23
04-27 02:58 PM
you may not get much ifnormation from Infopass - you can go for infopass for issues like FP or Name check status or similar things.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
Well Don't don't assume that "pre adjudicated" means everything with the case is over and the ONLY factor is visa number unavailability.
Pre adjudicated means - things are fine as of now.
more...
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popoye
04-10 03:18 AM
Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical
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senthil1
05-25 02:06 AM
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
Dude since 1999 to 2006 ..nothing
Dude since 1999 to 2006 ..nothing
more...
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bugmenot
06-30 12:54 AM
ofcourse a very good news...but at the same time if VB for next month is disappointing , what will be next plan of action.. to have SkILL bill or any way to have interim bills passed?
i don't think its good news ,the failing of the bill just proves that the congress is still xenophobic(or only responsive to the xenophobic anti immi's) if the bill was to legalise 12M brits or other whites it would have sailed through..thats a fact and that speaks alot about this society we live in, coming to legal immi, u think they care? Sessions n all will be as venomous when it comes down to legal, they just used it as an excuse to clobber illegal immi , if he really cared he would not have obstructed the SKIL in dec 2006, its gonna get worse coz now the anti immi's have grown in strength and confidence , no bill helping legal immi is ever gonna pass, they might increase the h1b's a lil bit but will introduce tons of h1b/L1 killers so forget anything thats gonna help anybody in here now be it GC retro or whatever,
i don't think its good news ,the failing of the bill just proves that the congress is still xenophobic(or only responsive to the xenophobic anti immi's) if the bill was to legalise 12M brits or other whites it would have sailed through..thats a fact and that speaks alot about this society we live in, coming to legal immi, u think they care? Sessions n all will be as venomous when it comes down to legal, they just used it as an excuse to clobber illegal immi , if he really cared he would not have obstructed the SKIL in dec 2006, its gonna get worse coz now the anti immi's have grown in strength and confidence , no bill helping legal immi is ever gonna pass, they might increase the h1b's a lil bit but will introduce tons of h1b/L1 killers so forget anything thats gonna help anybody in here now be it GC retro or whatever,
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new_horizon
03-13 11:03 AM
Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.
more...
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acecupid
08-05 09:39 PM
http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/uscisdotgov_mockup_28july09.ai.pdf
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Carlau
01-10 09:24 PM
If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?
"... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)
.2611
Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
________________________________________
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 613. AGRICULTURAL WORKERS.
(a) Blue Card Program-
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
(A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
(B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
(2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
(3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
(4) TERMINATION OF BLUE CARD STATUS-
(A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
(B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...
(b) Rights of Aliens Granted Blue Card Status-
(1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
(i) QUALIFYING EMPLOYMENT- The alien has performed at least--
(I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
(ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
...
(C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(D) PAYMENT OF TAXES-
(i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
....
(2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
(B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
(i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
(ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
(iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
(C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
(iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.
"... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)
.2611
Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
________________________________________
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 613. AGRICULTURAL WORKERS.
(a) Blue Card Program-
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
(A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
(B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
(2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
(3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
(4) TERMINATION OF BLUE CARD STATUS-
(A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
(B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...
(b) Rights of Aliens Granted Blue Card Status-
(1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
(i) QUALIFYING EMPLOYMENT- The alien has performed at least--
(I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
(ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
...
(C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(D) PAYMENT OF TAXES-
(i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
....
(2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
(B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
(i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
(ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
(iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
(C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
(iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.
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visves
12-20 12:03 PM
I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
fatjoe
09-05 01:02 PM
I guess, if you attorney represented you thru' form G-28, then it goes your attr. If you have not sent G28, then you will get it directly. Guys, correct me if I'm wrong.
jpreston
October 25th, 2005, 05:06 PM
Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.
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