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Everything posted by Joe.F

  1. Each person can do things on his or her own. Why is that even a question? She can not find it out, except if she actually ASKS him.
  2. Well, since you point to the H1... There was significant H1 abuse (25%, as per a USCIS study), which resulted in the H1 quota filling immediately in the mid-2000s. The result was stricter enforcement of the H1 rules, and look where the H1 quota is now. I grant you that the GC stuff is a bit more complex. To a large extent, the current quota backlogs are a result of the H1 increases during the dot-com years, and not having corresponding GC quota increases. Of course, the H1 abuse of years past, and more recently, the F1/CPT abuse through fake universities hasn't made it any easier to get relief through Congress. People need to understand that abuse always comes back to bite them (and others, even if these others did everything by the book.)
  3. There used to be a special visa for spouses of PRs, in the early 2000s. The V visa, if I remember right. That was not extended, though.
  4. Unless you can provide a law text or other evidence for it, you are simply wrong. What you "think" you know is irrelevant. Please provide evidence for your claims.
  5. Joe.F

    Pregnancy Medicaid in H1B

    I don't think you can get Medicaid. First, on H1, you are a highly-paid professional. Even part-time, you probably make more money than the average American. Second, getting public aid would likely disqualify you from getting a GC. Third, why didn't you get health insurance??? Even if you had to pay it yourself, it is an important thing to have. Why should the tax payer pay for your bad decisions? Why did you even sign up with an employer who doesn't offer health insurance? Be prepared to pay for the pregnancy costs (could be 10-20K) out of your own pocket. [This message was edited by Admin on September 24, 2011 at 08:47 AM.]
  6. Hmm, care to provide a link for that? As far as I know, family members are not counted for the EB quota. From one law firm's website (sorry, can't post the link here): "Spouses and children under the age of 21 are generally entitled to receive their Green Card (U.S. Permanent Resident Visa) along with the primary applicant. The family members are not counted against the visa preference cap within each category; only the primary applicant is count for the quota limit." Also, see http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4954030822&m=6031069371 "Family members (spouse, children) are not considered under the quota. Only the primary (employee) comes under the count and the whole family is counted as only 1." There doesn't seem to be anything in the law (that I could find) that says that family members are counted towards the EB quotas.
  7. That is NOT an excuse. And it has become "freaking difficult" because of the abuse. The abusers are the real culprits.
  8. Get a lawyer if you don't have one. The lawyer would know these things.
  9. The online status stuff is known to be very unreliable.
  10. Bills are a dime a dozen. They don't mean much. And this bill probably hasn't much chance of becoming law.
  11. Joe.F

    Breach of H1b Contract - Wh4

    If the person is in H1 status, the person has to get paid. If the company lays the person off, then the company has to inform CIS about that, so that the H1 will be revoked. Failure to do that exposes the company to liability to pay the salary. There has recently been a lawsuit about that, in which the company was ordered to pay several years of back pay, because they neglected to have the H1 canceled.
  12. Joe.F

    h1b to b2

    A visa is an ENTRY document. It has no meaning while in the US. The I-94 specifies your status. If you want to change status to B2, you have to file an I-539.
  13. Joe.F

    Current from OCT1

    Then you are NOT a contractor. Working on W2 means you are an employee. And for the GC you have to work full time. If you work less than full time, you can NOT get a GC through that company. If you do not tell USCIS about not working full time, you would commit immigration fraud.
  14. If they don't talk about these things, they probably should go to marriage counseling...
  15. Joe.F

    Breach of H1b Contract - Wh4

    The employer may try to argue breach of contract, but as you mention, the employer not paying the salary means that the employer already breached the contract, meaning you are no longer bound by it.
  16. Joe.F

    H1B Stamp after new citizenship

    When a passport is canceled it does NOT cancel the visas in the passport. The visa stays valid. So you can use the new passport to enter, and in addition you have to show the visa in the old, canceled passport. I have to admit, though, that I personally only have experience with having a valid visa in an old, expired and canceled passport of the same country. I showed both passports. But it should work with a canceled passport from another country as well, although you may have to explain that you changed citizenship. The visa is tied to the person, not to the country of citizenship.
  17. You don't "convert" anything. Your spouse would have to sponsor you, by filing an I-130 for you, and you would have to file an I-485. The forms and instructions are on the USCIS website. If you are not comfortable doing this on your own, hire an immigration lawyer.
  18. Joe.F

    H1B Stamp after new citizenship

    No. The identity didn't change. It is still the same person. That's what matters. No. The old H1 visa continues to be valid. Traveling with the new passport and the old one with the valid visa in it should be fine.
  19. You will have to sign an affidavit of support, which makes sure that your parents won't become a public charge. That means, for example, that if your parents can't get health insurance in the US, you would be responsible for paying the hospital bills, etc. Your parents wouldn't be eligible for things like Medicare until they become US citizens (or work for 10 years.) For elderly people, health insurance costs can be very expensive. It is obvious from your posts that you haven't thought this through all the way yet.
  20. Joe.F

    EB1 C I 140 Denied

    You seem to have somewhat of an attitude. Nobody said anything close to what you claim... If you have a lawyer, follow that lawyer's advice. Of course, it is important that the lawyer is good; there are unfortunately way too many mediocre lawyers out there. And as far as forum posts, you get what you pay for. Never rely on forum posts. If in doubt, always consult with a good lawyer one-on-one.
  21. The rule is that AC21 only applies while the GC is pending. So, it is risky if the PD is becoming current, because the GC could be approved while you are still in the process of changing job. But, if you can demonstrate that you started the job change before the GC is approved, if you have all the paperwork, it probably is ok. You should discuss this with a good lawyer, though, to avoid any pitfalls.
  22. If you really intend to study, and not abuse the F1, e.g., with CPT, there shouldn't be much of a problem. Of course, apply only at real, accredited universities. If you apply at unaccredited diploma mills, you would get into lots and lots of problems.
  23. Again, as a PR, you have to live in the US and your trips abroad have to be temporary. If you visit the US, you without doubt have abandoned the GC. As a Permanent Resident, you have to live in the US and visit abroad.
  24. To keep the GC, you would have to live in the US. If you are residing abroad, you abandon the GC.
  25. For an SB-1, the stay abroad would have to be prolonged to no fault of your own. Rather hard to argue, since it would be you yourself who decided to take up the job. As a PR, you have to live in the US. All stays abroad have to be temporary in nature. Taking up a job abroad, and without a clear end date, is a strong indication that you abandoned the GC.