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redgreenbluee

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Posts posted by redgreenbluee


  1. please consult a lawyer.

     

    After marriage, you have to petition (i-130) your husband. as a GC holder, the current processing time is approx 2 years.

     

     

    Hi , I got GC in 8/2013 . I would like to marry an indian in india in next month or so . He is in india and without having any visa.could you explain how to bring him to USA ASAP after marriage?. He has polytechnical diploama qualification not an engineering degree for filling H1B or F1B by his own.My friend says that I have to file a visa for him as spouse. Thanks, XXXXXX.


  2. please consult a lawyer.

     

    these are the dates you need to consider:

    - the H1 visa attached in your passport is your document to enter the US, if your visa is expired (1/14/2015), you cannot enter the US with it and you need to renew it first.

    - the I-797 H1 approval is your document that proves your eligibility to work for your petitioner (and stay in the US), so as long as you are already in the US before 1/14/2015, you are legally allowed to work and stay until 8/30/2015.

    - the I-94 dates coincides with your H1 approval validity (8/30/2015), it means you are allowed to stay in the US until the date specified unless you applied some kind of extension. if I-94 date is earlier than your H1 validity, you will need to leave the country (on or before I-94 expiration) and return to get a new I-94.

    - you should renew your H1 before expiration (in your case 8/30/2015).

     

     

    After being on OPT, my H1B started on Oct 1st 2012. 

    I went to India in December 2012, got a 221g and received my visa 3 weeks later.

     

    On my H1b  visa, the 'PED' (Petition Expiry Date) is 30AUG2015, the 'Expiration Date' (I assume visa expiration date) is 14JAN2015,  and the electronic I94 from my most recent US reentry (in Aug 2013) lists the 'Admit Until Date' as 30th Aug 2015.

     

    These multiple dates confuse me.

     

    1)  If the petition is valid for 3 years. then the PED should have been Sep 30th 2015.  Why is it 30AUg2015?

    1) If I visit India (or any other country outside of the US) and reenter the US between 14Jan2015 and 30AUG2015, will I be allowed back into the US?

    2)  When I am supposed to renew my H1b?

     

    Thanks


  3. please consult a lawyer.

     

    approved perm LC is valid for 180 days.

     

    apply I-140 within 180 days (before LC expiration).

     

     

    Recently my Perm Labor is approved.

     

    1) In how many days the Perm Labor certification will be sent to my Employer from Uscis?

    2) In how many days I-140 need to apply after Labor approved?

     

     

    Please advise.


  4. please consult a lawyer.

     

    apply for I-131 re-entry permit.

     

     

    I currently hold a green card and am traveling overseas due to personal reasons for extended period of time.

    I understand that one needs to keep visiting United states every six months to ensure the green card is valid? Is this correct and is there a defined minimum time period for which one needs to stay in the US?

     

    Thanks.


  5. please consult a lawyer.

     

    it should not be an issue, as long as you have sufficient documentations to prove her different names.

     

     

     

    Hello - My BC has mom's birth name. Mom's passport has her married name. Mom's BC has her maiden name. I have church issued marriage certificate (of my mom) as well as affidavit from my mom. My Dad is no more.
    Would this create any issues?

    Thank you

     


  6. please consult a lawyer.

     

    assuming you have a valid H1, your H1 remains valid if you apply for I-485, so your wife remains eligible for H4.

     

    you invalidate your H1 if you use EAD as work authorization or your H1 expires.

     

     

     

    Hi,

    I have I140 approved in EB1-2 category. My wife has been on H1B but her contract expired suddenly and she has to apply for H4 (I-539) COS based on my H1B. My question is whether I am allowed to apply for I-485 AOS for myself and my spouse if her H4 (I-539) is pending?

    This is a complicated situation and I would greatly appreciate your advise.

    Thanks,


  7. please consult a lawyer.

     

    no, if you apply change of status from L1 to H1 and got your approval, you are no longer on L1 and not eligible to work for company A. you will need to work for company XYZ under H1.

     

    you continue to be on L1 while H1 application is pending.

     

     

    Hi All,

     

    I have question , I am currently working on L1B for A company and I have a valid H1B petition from ex-employer (not revoked & not expired (valid for 6 more months) .

     

    Lets say If I do H1B transfer to XYZ company and once its approved , Can I continue to work for my current employer A on L1B???

     

    Pls clarify 

     

    Much appreciate your response.

     

    -Dino


  8. please consult a lawyer.

     

    an individual needs an approved I-140 (or pending LC for at least 365 days) to file H1 extension beyond 6 years.

     

    in your case, you can do it, but in your spouse's case, spouse cannot do it.

     

    your spouse will be a dependent in your GC application.

     

     

    Hi,

     

    Currently I am on H1B in US. I have 3 more years for extension.

    My employer has starting processing for GC in EB3.

     

    My question -

     

    1. My spouse is also on H1B in US.  Has 3 more years for extension.

    2. Spouse's employer as of now is not going to start GC processing.

    3. But my employer has starting GC processing for me in EB3.

     

    4. Is there a way through which I can include my spouse in my GC process so that in future when I will get H1B extension after 6 years, spouse can also get H1B extension.

     

    5. Or there is no way spouse can be linked to my GC for getting H1B extension after 6 years in US on H1B.

     

    Also, let me know if below is correct.

     

    a. If PERM is approved  - Person normally get 1 year H1B extension after 6 years in US on H1B.

     

    b. If I-140 is approved - Person normally gets 3 years H1B extension after 6 years in US on H1B.

     

    Is there any wait period after Perm approved to get H1B extension. 

     

    Really appreciated your guidance on this. 


  9. please consult a lawyer.

     

    you can apply 90 days (or less) earlier than your 5 year GC anniversary if you satisfy all the other criteria. consult M476 http://www.uscis.gov/sites/default/files/files/article/M-476.pdf for eligibility.

     

    in general, it is not your fault your GC employer (company B) did not have a project for you, you need to be honest on your application.

     

    M476 guide and/or a quick immigration lawyer consultation like murthy should help you understand the process better.

     

     

    Hello,

     

    Hope all are doing great .. It was nice to read murthy forms.. Could you please respond to below.

     

    Am I eligible for USA citizenship? Please see my situation

    1) I came to USA thru company "A" after few years brought labor from company "B" and field   I140 & I485 in 2007

    2) I received Green Card in Sep 2009 and joined in Green Card processed company "B" immediately

    3) Worked 2 months for Green Card Sponsor Company "B" then my project was ended.

    4) I was not able to get new project for a while with Green Card sponcer company "B"  and took fulltime position with company "C" in Dec 2009 and still working there

    5) I'm in USA for the last 5 years on LPR and I would like to apply USA citizenship ?

        I did not work at least 4 months before / after Green Card Spencer Company "B".

        Does it creates any problems for my citizenship ? 
        Can I expect any questions from officer regarding this ?

        Form N-400 asking to fill out last five years work details.
     

    Appricate your help on this.

     

     

     

    Thanks,


  10. please consult a lawyer.

     

    legally, if a GC holder is outside the country for more than a year without re-entry permit, his/her GC is considered abandoned. you will need to consult a lawyer regarding your father's situation.

     

    the alternative you can do is accept that his GC is abandoned and just re-apply for his GC, either through you (as a children), or through your mother (as a spouse) of a US citizen.

     

     

    My father is a green card holder and has been out of country for 3+ years. Both his parents expired within one year and he had to resolve family matters involving real estate etc, which took him all this time. The green card is still valid.

    One other critical fact is that he did file for extended stay but had to leave before his fingerprint appointment. 

     

    - I would like to know how he can return back to US to his wife, and family? My mother just became a US citizen.

    - What supporting documents can he provide to explain the cause of his stay in India, other than Death certificates of both parents. Since it was family dispute, the real estate was sold and bought under someone else's name.

    - Does he need to file for SB-1? 

    - How will this be handled at the port of departure (India) and Port of entry (US)?

     

    I just want him to be back with his grand kids that he hasn't seen all this while. Please assist and advice further.


  11. please consult a lawyer.

     

    you will need to apply as soon as possible, there is no guarantee on processing time, some EAD/AP application gets approved within 90 days, some goes beyond. best way is to apply as early as possible in your case.

     

     

    Hello all, 

     

    I am currently on F1 for my MBA program. I recently got married to my fiance who happens to be a US citizen and received my Marriage Certificate.

    My immigration attorney plans on filing the paper work this week. I have to report to my job in June. The position does not sponsor for H1Bs or any other forms of visa. I also need to travel out of the country in May.Is this sufficent time to get my EAD and advanced parole. 

     

    Thank you for reading.


  12. please consult a lawyer.

     

    there are some fees that the employer cannot ask the employee (or beneficiary) to pay like LC process, but for others, it is based on what both parties had agreed upon, if you sign such agreement, employer may forced you to pay the amount.

     

    it is best to consult a law firm such as murthy.

     

     

    Hello,

    I have been reading all other posts regarding how to terminate/leave employer legally. There have been many cases I have read, however I didn't find one like I have where one is in.

    I am in first year of my Employment based GC process which was started in early 2011 - have I-140 approved and got H1B extended in December 2012 for another 3 yrs.

    I was married to GC holder in 2010 started GC process based on my spouse in 2010 October. Early this year my spouse became USC and I received my GC in 6months. 


    When I started my Employment based GC process, my employer asked me to pay all the costs, i.e. for filing, H1b extension etc. I also did sign a contract with him, however he didn't sign it as he kept only one place to sign that is for me. Are GC contracts should be mutually signed, i.e. by employer and employee both? 

    I would like to know, if I leave him will I be entitled to pay him or be taken to court??????.... as the contract states that if the employee receives GC through another source than employee has to pay this much amount to the company.

    Any suggestions will be greatly appreciated.

    Thanks


  13. please consult a lawyer.

     

    if you are out for more than 180 days in the past 5 years, you did not satisfy the continuous residence requirement (some exception applies like N-470).

     

     

    Hello All,

     

    I see lot of posts regarding eligibility, my case is diff scenario that is the reason i posting this.

     

    I got my GC in 2007

     

    These are my trip details in past 5 years

    2014 in US

    2013 365 days(Stayed Full Year)

    2012 365 days(Stayed Full Year)

    2011 230 days (Stayed from Jun)

    2010 150 days (stayed Till May)

    2009 365 days(Stayed Full Year)

     

    I was out of the country for 11 months from 2010 Jun to 2011 May without a renetry permit.

     

    Does it affect my continuity, i think physical presence of 2 1/2 yrs req i meet right

     

    Am i eligible for citizenship?

     

    Appreciate your feedback.

     

    Reg

    Venkat


  14. please consult a lawyer.

     

    yes, it is possible to have multiple GC applications.

     

    if you have a pending LC for at least 365 days, you are eligible for H1 extension beyond the initial 6 years.

     

     

    Hi,

     

    Is it possible to start a GC process with company C, while your GC with company A is pending BALCA appeal and GC with company B is denied?

    Is it possible to take this step in end of 6th year and go to do extension of 7th year on basis of pending BALCA appeal?

     

    Thanks in advanced!


  15. please consult a lawyer.

     

    yes, the alternate document is to get an affidavit letter from at least two of your co-workers as a substitute.

     

     

    Hi All,

    I am going to apply for GC and my previous employer is not giving me the experience letter? I have BS+6yrs of work experience. My current employer is going to apply for the GC in EB2 category. In this case, will there be any problem? Is there any alternate document to show the experience? Please help me.

    Thanks.


  16. please consult a lawyer.

     

    approved LC PERM are valid 180 days for I-140 filing. only approved I-140 PD can be ported.

     

    365 days old PERM (approved unexpired or pending) can be used to apply H1 extension beyond 6 years. expired PERM cannot be used.

     

    approved I-140 can also be used for H1 extension beyond 6 years.

     

     

    Hi Experts,

     

    Can someone kindly answer this case? 

     

    I was working in a company - X until Dec-2012 and I switched to a new company while the PERM Labor process was in progress (filed in Jul-2012)

    In Jun-2013 the old company's labor was approved and on the other hand my new company started PERM Labor (just finished the recruitment process and ready to file Labor) process. I have exactly 1 year left on my H1 - maxout (6 yrs).

     

    Question: Is there any chance that I can use my previous Labor date? or Under any circumstance its going to be useless :)

     

    Thanks

    Siva


  17. please consult a lawyer.

     

    no, you will need to maintain your own legal status until your PD is current.

     

    if you have a pending I-485, you can stay and wait until your GC is approved. your PD need to be current to apply I-485.

     

     

    I have entered the US with a B2 (?) tourist visa and am a married son of a US citizen. I have read in USCIS website on Green Card for a Family Member of a US Citizen that if I have an approved petition and am already in the US legally, that I can wait for my petition to become current and just file for change of status? 

     

    Is this true? Does that mean, I can just stay until petition becomes current? I ask because I have been coming here with a tourist visa to visit my mom and dad but since they are getting really old, I want to stay longer than what the tourist visa permits perhaps stay until I can have a change of status.

     

    If this information is true, any advise on how I can stay longer legally? thank you and I appreciate the help.

     

    shawnt


  18. please consult a lawyer.

     

    it means that your underlying H1 petition was approved but your change of status to H1 was not. so for you to work on H1, you need to leave the country, apply for H1 visa stamp, and return to US to start working on H1. in the meantime, if you have any valid status on your stay (ie you are on F1), you can continue with it and complete your program. you will not be able to work on H1 after you graduate unless leave, get visa stamp, and return as described above.

     

     

    Hello,

     

    My backgroud:

     

    1. Completed a masters degree in US. Worked on OPT for one year.

    2. Before expiration of OPT, Applied for second masters and started working on CPT. 

    3. Applied for H1B in April 2013. H1B Approved till Sep 2015 but Change of status request is denied.

    4. Currently working on CPT. Will graduate in May 2014.

     

    Following is stated in the I-797B.

    Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.

     

     

    My Questions;

     

    1. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2015)

    2. Can I keep working on CPT till May 2013 on F1 status?

     

    Your guidance is really appreciated.

     

    Thanks,

     

    Akhilesh


  19. please consult a lawyer.

     

    you need to leave the country after you used all your 6 years time in H1, if you had taken vacations outside the country during your 6 years time, you can re-capture those dates.

     

    you are eligible to file H1 extension beyond the 6 year limit if you have one of the following: (1) PERM that is at least 365 days old (approved PERM expires after 180 days of approval for I-140 filing) or (2) approved I-140, you can use PP to expedite the processing time on I-140.

     

    in your case, you can apply H1 extension (not subject to cap since it is an extension from your existing H1) if you satisfy the above condition regardless if you are physically present or not, this means that if you left the country in september and your I-140 got approved in november, you can apply H1 extension and return to US after you got H1 extension approved and H1 visa (no need if you have a current active one - not expired). if your PERM got audited, you will likely pass the PERM with at least 365 days old and you can apply H1 extension in 4/2014.

     

    on the other hand, if you stay outside the country for at least one year, you are eligible to apply for a new H1 subject to cap and get a fresh 6 years time with your new H1.

     

     

    Hi:

    My PERM was filed in the last week of April, my H1B expires in September 2013. It is unlikely that my PERM and I140 will be approved by September 2013 even with PP. I am aware that I need to leave the country. My company attorney feels that I can be back with an H1B that is not subject to cap. In other words, that I can be back in 6 months to 1 year. However, I took a second opinion with another attorney who feels that since I will be out of status after September, I can only come back after a waiting period of 1 year outside the US, So my question is which of these attorneys is right?  

     

    Option A - if my H1B is not subject to cap and I can return as soon as the I140 PP & H1B extension are approved, then I plan to visit Canada and come back to the US as I have a valid Canadian visitor visa.

     

    Option B - if I have to stay outside for a year to file my H1B application, then I would rather go to India, my home country, and wait out the process.    

    Can experts weigh in clearly on which option / attormey is right because when 2 attorneys give contradicting information, life decisions become very hard. Has anyone gone through this kind of situation with PERM / H1B extension?

     

    Thanks is advance 
     


  20. please consult a lawyer.

     

    GC is for future employment so it is fine to make less salary than the prev wage.

     

    during I-140, uscis will check your employer's ability to pay, if they have profit that is enough to cover the difference (current salary and prev wage), your petition can be approved depending on other factors like your credentials, etc.

     

    your current salary is used in determining your employer's ability to pay.

     

    your other questions have similar answers stated above.

     

     

    Hi,

     

    I have recently got news from my attorney that my PWD has been made by the Department of Labor based on the number of experience(1 year) and education qualification(Master's) has been made as 90,000 per annul which is a clearly a EB-2 as per my attorney but my company currently pays me around 84,000 per annul which is less then the privaling wage determination  

     

    1) My employer say it will be fine to start the GC processing even my salary is less then the Privaling Wage Determination it will not create any issue during the GC process is it true can I trust my employer and start the process?

     

    2) Does during Labor or I140 or I485 Does USCIS ask my pay stub to show if the salary is more then the PWD ?

    3) My employer says his company is big and will not have any issues even my pay is less then PWD ?

    4) Does my current salary amount effect in any of my GC process 

    5) My Attorney says that USICIS checks weather if my employer can pay me in the future after my GC is approved the PWD of 90,000 is that true ?

     

     

    I have take a decision ASAP please help me on what ever the knowledge that you can share with I would really appreciate your time and suggestions.


  21. please consult a lawyer.

     

    as long as she leaves on or before 9/24, she won't have a problem.

     

    also, don't return too soon like a month later.

     

     

    Hi,

     

    My mother is with me on B2 visa.

    She entered USA on March 25 2013, and got I-94 till September 24, 2013.

    By the date perspective is looks exact 6 months, but actually this duration is 184 days if counted day by day.

     

    She was planning to stay with me till September 07 2013 but due to some circumstances we are planning her trip to extend till September 22 2013, i.e. 182 days.

     

    My question is, considering she has valid I-94 if we increase the stay beyond 180 days, will this create a problem for her in her next visit?

     

    Regards.


  22. please consult a lawyer.

     

    no because 9/2008 LC application was never approved.

     

    also, u can only port approved I-140 PD.

     

     

    Guys,

     

    My company A filed my EB3 labor application in Sept 2008. Went to Audit. Denied in Feb 2011. Employer A refiled the Same application in Feb 2011.I left the company after that.

     

    I transferred my H1B to  Company B and filed my Green Card in EB2. Got the I-140  approval in Company B  with EB2 Feb 2011 priority date.

     

    Is it possible to port my current I-140 approval to my old company labor filing date i.e Sept 2008.Again i dont have any response from my old company about my labor refile application.

     

    Please suggest me so that i can talk to my old employer.

     

     

    Thanks

    Nag


  23. please consult a lawyer.

     

    as omshiv said, apply GC thru your USC wife and forget about employment based GC thru your employer.

     

    to answer your question, your employer will not know you applied family based GC unless you informed them.

     

     

    Hi,

    My employer is applying for my CG. For the last 2 years he is just postponing and I am almost late now as my visa will expire in Jan 2014. I am applying thru my wife now who is a citizen. Is it OK to file more then one parallel. Will my employer come to know that I have applied thru my wife.

    I want my employer to continue because he has reduced my salary and has not given increment for 2 years saying he is applying for GC.

     

    Thanks,

    Sameer.


  24. please consult a lawyer.

     

    it is best to respond with the requested document and on-time, you can file an appeal if you experienced problem with your RFE response.

     

     

    @redgreenbluee - Thank you very much for your reply. Actually my employer is a small consulting company and they are unable to show profit or ability to pay me for those past years. According to them, they have balanced their books for those years and cannot change their tax-returns on those past years.

     

    My attorney is also not very sure on how to respond to the RFE. Are there any other options for responding to the RFE?

     

    Thanks in advance

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