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dingudi

03-09 03:34 PM

Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.

Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951

Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.

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thomachan72

01-05 04:58 AM

Dustinthewind, the preview has good background score and the shots are appropriate. The narrative (labels) that show up are also quite captivating. All together it looks very good and promising, however, I would have liked to see some diaglogues also in between. Maybe a tiny bit longer would have been better. We definitely need to hear the voices of the actors to make it all the more compelling. If there are tragic scenes in the movie a glimpse of those would also be great. Anyway I am not requesting you to change anything but just suggesting a few ways such previews could be more effective. [/I]

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shana04

02-07 04:18 PM

Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.

For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.


I already sent resignation notice to employer and he started sending warning mails and he is in a process of revoking I 140. Who cares. I used to worry a lot, but not any more. I know the cost associated with AC21. like chaning attorneys, if using H1 then H1 cost and moving jobs, places is a lot. But why to stay with an employer who does not care our values.

Do not worry.

And Finallly good luck to you.

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sheela

08-22 11:26 AM

I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).

Hope this info helps.

e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....

EB2 i
PD:10/05, I140 approved 2/06

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chava_100

08-04 12:10 PM

Did you recieve old SS# on new card ? or entirely new SS# ?

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kaisersose

04-16 03:11 PM

Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

Thanks

This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

In short, just keep your jobs and file an MTR ASAP with correct documentation.

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Legal

09-20 07:22 PM

K_SING,
You can invest, but be careful.

You can invest and earn money, but you shoulddn't be "working" to generate money. If you "work" at stock trading, and generate money this is a violation of your H1B status. You could land in trouble, if I were you I will stop it.
Attorney Siskind addressed this issue recently (visalaw.com), i don't have the web link.

You can do passive investing in mutual funds or stocks. you can invest in real estate funds, but if you actively manage a property and make money you could be in trouble.;)

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justAnotherFile

08-04 12:57 AM

July 2 filer, PD 11/2005.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.

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chatterjie

03-28 02:34 PM

PD = May2004
485FilingRcpt Date : Aug 21, 2007

I was eagerly looking for 485 processing date to move forward
from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
and let the processing dates move forward.. :)

Also, even if the visa numbers advance, I have to cross the 485 processing
date first... is that right?
Or, what happens if my 485 is not yet processed but the bulletin makes
my date as current? :confused:


Thanks and Regards,
Chatterjie

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legalguy

03-02 10:50 AM

How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.

TIA

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sodh

02-12 05:07 PM

Folks,

employer's attorney claims that there is no such thing as H4 premium processing.

Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

I searched all Mathew-Oh updates dated one year ago and can't locate it.

I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

Can anyone please help?
There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.

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paskal

11-05 10:54 PM

The following are not counted against H1b caps as far as i know, the list may not be complete:

existing visa-transfer jobs

employees of not for profit entities

University employees

J-1 doctors starting an underserved area job

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mrajatish

09-17 12:11 PM

Oh one more thing I want to add - I do not know of a anyone who have kept the same title and the same job description for more than 5 years(other than doctors :)), have you guys heard of any? This is more scary as you wait for 7 years and then get laid off and then start from scratch again. At least, with family based, you will get GC after 10-11 years.

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natrajs

03-13 10:17 AM

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Congrats and Best Wishes , After a Long wait !!

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irrational

06-19 09:12 AM

Thanks Folks,
I will efile today and I'll let you guys know how it turns out.

-Bipin

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pd_recapturing

03-10 08:59 AM

How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.

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lostinbeta

10-20 02:28 AM

Edwin used Painter and Photoshop to make that image.

I think the latest one is Painter 7.

I am sure you learned from other people too calaway:)

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jaggu bhai

08-10 08:42 AM

Friends

This is my situation

My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.

Now we r planning to change my wife status from H4 TO F1.

Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.

Pl advice

Thanks

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123456mg

08-03 05:19 PM

I bet you your attorney had either not replied that RFE and plainly let go the matter or the RFE response must have not gotten to USCIS in time. It had happened to one of my company collegue as well. Please ask your attorney to give you copies of details about the RFE and also provide (with FEdEx tracking number) the response that he wrote to USCIS. It is very easy to track if it is your company attorney screw-up or a genuine issue.

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aug2007

02-24 12:27 PM

Thank you chanduv23. Your response clarified and gave the information on what I'm looking for.

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neobuddha

08-28 02:02 PM

I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.

All the best.

-NeoBuddha

Hi,

My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

Thanks,

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