juz4forums
07-20 04:10 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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LostInGCProcess
09-18 05:31 PM
LostInGCProcess, his I140 is not approve, how come he can use his EAD ?
AOS can only be use after his I140 is approved.
Thx
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
AOS can only be use after his I140 is approved.
Thx
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
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RNGC
11-25 03:03 PM
You are doing great...Please keep up the good work...
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
also, add item 6 to our wish list..
6. Remove "same or similar" clause in EAD which is causing lots of confusion. Just see that anyone who gets a EAD works in the Information technology field and not flipping burgers.
more...
inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
unseenguy
06-12 09:08 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company what the plan is. If they say wait 6 months or something, just find another job and move on quietly. You must have perm filed by oct this year.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company what the plan is. If they say wait 6 months or something, just find another job and move on quietly. You must have perm filed by oct this year.
more...
BMS1
07-19 10:22 AM
My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.
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morchu
04-22 02:07 PM
Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.
I agree with the other post, you probably might be better in India in this economy.
Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.
To answer your question, you chances for 2010 H1B is extremely low.
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
I agree with the other post, you probably might be better in India in this economy.
Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.
To answer your question, you chances for 2010 H1B is extremely low.
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
more...
franklin
02-09 10:39 AM
It will not help anyone being negative.
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maverick_joe
02-12 03:25 PM
gc_bulgaria, whos is the primary on your application? you or your spouse?and who falls under ROW?
These are the following I used on top of the stupid cover letter that I am sure they dont see.
1. Talk to Congressman's office
2. Letters and faxes to USCIS
3. AILA liason (through your lawyer).
In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.
These are the following I used on top of the stupid cover letter that I am sure they dont see.
1. Talk to Congressman's office
2. Letters and faxes to USCIS
3. AILA liason (through your lawyer).
In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.
more...
doknek
09-04 11:27 AM
Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system
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eager_immi
01-31 01:44 PM
aren't u contradicting urself?
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
more...
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rakeshverma72
03-30 12:44 PM
PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
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hebbar77
09-20 10:03 PM
Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.
I just got my EAD. I will assume its my GC.
I just got my EAD. I will assume its my GC.
more...
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fall2004us
08-14 02:28 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
It would have been better if you had split the checks.
Dont worry they might accept it now.
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styrum
11-10 04:44 PM
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
Thanks for all the inputs
Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?
more...
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venky08
09-25 05:00 PM
you have till december to find a job. thats 2-3 months. put all your energy to find a new job and ask the new employer to file H1B. if you can find a job in a good company you will have another stab at it. stay away from consultancies this time if thats what causing the rejection...you need to elaborate more on your situation to exactly know what your options are (field of study/experioence etc)....
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
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HumHongeKamiyab
11-15 12:46 PM
You dont have to go for stamping. While crossing the border tell the US officer that you are going to use "Automatic Visa revalidation", and hence dont want to submit your I 94. When you come back to USA just have your I 797 (Notice of approval) ready. I have been to canada in feb this year and came back with the expired visa on my passport.
You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
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trance
07-19 09:38 PM
Hi There,
I work in Company A, and Company A filed my GC April 2008 under EB2 Category.
Priority Date: April 2008
I-140: Approved
I-485- To be Filed
I also have a Masters Degree in the US.
I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.
My Current H1 will expire in May 2012.
My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.
Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.
2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.
3. Finally, does it make any sense to apply in EB3?
Your advice would be appreciated...
Thanks
Trance
I work in Company A, and Company A filed my GC April 2008 under EB2 Category.
Priority Date: April 2008
I-140: Approved
I-485- To be Filed
I also have a Masters Degree in the US.
I received an offer from Company B (Top consulting Firm) and they are willing to process my GC but in EB3 Category.
My Current H1 will expire in May 2012.
My wife is in the health care profession and currently a student in school and should get a a job next year. She is on a F1 currently and she should apply for a H1 next year. I am assuming that she can file for a GC in the EB2 category.
Questions:
1. Does it make sense to take up the offer or just wait for my I -485 date to become current. If i do not take up the offer, then i would lose out from a career growth perspective.
2. If i take up the offer and apply in the EB 3 category, hoping that my wife�s GC would be filed in EB2, can i apply I -485 with her.
3. Finally, does it make any sense to apply in EB3?
Your advice would be appreciated...
Thanks
Trance
snhn
07-14 09:51 AM
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
wandmaker
05-14 02:19 PM
This is not a joke, we have received this querry, and are seeking some helpful advice.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.
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