BimmerFAn
07-20 02:12 PM
Hi Gkaplan,
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
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vallabhu
01-02 10:02 AM
Hi Guru's
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
PHANI_TAVVALA
12-02 02:26 PM
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
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amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
more...
USDream2Dust
07-20 02:30 PM
Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.
deba
09-09 10:28 PM
Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.
Deb
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EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
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munnashi
10-31 06:08 AM
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
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DDash
04-05 08:34 AM
Bump
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gc_chahiye
10-31 03:25 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
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hopeful08
04-21 02:19 PM
I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
more...
Nikith77
10-05 03:32 PM
I did that today and they also call the same number from there.
The caller clearly told me that Citizens or CG only
The caller clearly told me that Citizens or CG only
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immigrant2007
10-26 10:32 AM
I would like to see the new inventory of pending 485s after the september approvals, I am not sure when uscis would release such information.
How can an agency deny us basic information. istn't there a law against it?
How can an agency deny us basic information. istn't there a law against it?
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mchhokar
05-15 03:23 PM
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
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needhelp!
09-28 05:31 PM
I thought you were calling me :) Sorry no answer here.
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gcisadawg
04-19 06:06 PM
When you go for a loan against the credit card balance, there are two types.
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
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India76
07-17 06:25 PM
India76,
U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
U have till Aug 17th to file AOS. U can go to india and come back before AUG 17 to file
is it official that we can file till August 17th? i didn't see that in august bulletin. please let me know as you know how important is that..... Well its timing...
more...
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gkaplan
04-22 02:37 PM
thanks again:
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
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feedfront
10-04 06:30 PM
Guys,
You should contact senator, congress man to protest about it. It's better to spend time in contacting them then standing in DMV's queue time again. Use your IV's local chapter and initiate a drive to meet law makers.
You should contact senator, congress man to protest about it. It's better to spend time in contacting them then standing in DMV's queue time again. Use your IV's local chapter and initiate a drive to meet law makers.
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chanduv23
06-06 11:29 PM
I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..
I lived in Atlanta for 4 years. The job market is just OK there. Not quite sure your reason for the move from Chicago, but if you are looking for weather and job prospects then, Dallas, TX could be a better choice. I maybe wrong but based on what I see - there seem to be more opportunities in the metroplex area
I lived in Atlanta for 4 years. The job market is just OK there. Not quite sure your reason for the move from Chicago, but if you are looking for weather and job prospects then, Dallas, TX could be a better choice. I maybe wrong but based on what I see - there seem to be more opportunities in the metroplex area
pariraj
08-26 02:21 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
felix31
04-18 03:20 PM
well,
I hope I interpret this correctly.
Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
Which means, earlier cases that are already filed will be processed where they were filed...
I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.
In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..
Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
The new rule and transfer of cases applies to cases applied on or after April 1st 2006
I hope I interpret this correctly.
Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
Which means, earlier cases that are already filed will be processed where they were filed...
I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.
In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..
Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
The new rule and transfer of cases applies to cases applied on or after April 1st 2006
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