everonh1
08-05 01:38 PM
Guys,
Based on the posts here and elsewhere,even I had reached a conclusion that if your PD is not current and if you get married when its retrogressed,you will have to wait till it becomes current to add your spouse to your I-485.
But recently,I was talking to a friend.He was in exact same situation couple of years back and was thinking he cannot add his spouse.But when he contacted his attorney,he/she said there is nothing like that and he went ahead and added her to his 485 without issues. This is fact.As per his attorney any addition to primary application is allowed no matter PD is current or not. The thing is, it went off fine and he has not got his GC yet,but his wife's 485 is also filed.
Now I am not sure whom to believe.Is there any specfic USCIS faq or comments which clarifies this issue?
rgds,
everonh1
Based on the posts here and elsewhere,even I had reached a conclusion that if your PD is not current and if you get married when its retrogressed,you will have to wait till it becomes current to add your spouse to your I-485.
But recently,I was talking to a friend.He was in exact same situation couple of years back and was thinking he cannot add his spouse.But when he contacted his attorney,he/she said there is nothing like that and he went ahead and added her to his 485 without issues. This is fact.As per his attorney any addition to primary application is allowed no matter PD is current or not. The thing is, it went off fine and he has not got his GC yet,but his wife's 485 is also filed.
Now I am not sure whom to believe.Is there any specfic USCIS faq or comments which clarifies this issue?
rgds,
everonh1
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virtual55
01-24 12:11 PM
01/24/2006: Senate May Table Comprehensive Immigration Reform Bills As Early As February 2, Thursday
Unconfirmed sources indicate that the Senate may table this bill earlier than expected. Since there is the nightmarish Sensenbrenner border protection bill that will come up with the comprehensive immigration reform legislation, it appears that the pro-immigration forces may have to energize their forces and start working on the critical immigration legislation.
courtesy: www.immigration-law.com
Unconfirmed sources indicate that the Senate may table this bill earlier than expected. Since there is the nightmarish Sensenbrenner border protection bill that will come up with the comprehensive immigration reform legislation, it appears that the pro-immigration forces may have to energize their forces and start working on the critical immigration legislation.
courtesy: www.immigration-law.com
ragz4u
03-27 01:28 PM
I just want to make sure that IV not forgotten People that stuck in PBEC. So far as an active member and an active contributor for IV I have to say that I'm dissapointed as far as the way IV addressed PBEC Issued.
Most of disscussion in IV forum seems like focusing on retrogression issue only.
for people that have their case are among 350000 case pending in PBEC the retrogression has no effect at all unless their case clear out before the retrogression get solved.
There are so many of us had been waiting for their labor get approved.
5, 6, 7 year are a long wait.
I noted that IV do have PBEC mentioned on the web fax, but please make sure that retrogression is not the main goal of IV.
Thanks.
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
Most of disscussion in IV forum seems like focusing on retrogression issue only.
for people that have their case are among 350000 case pending in PBEC the retrogression has no effect at all unless their case clear out before the retrogression get solved.
There are so many of us had been waiting for their labor get approved.
5, 6, 7 year are a long wait.
I noted that IV do have PBEC mentioned on the web fax, but please make sure that retrogression is not the main goal of IV.
Thanks.
And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!
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freshprince
01-14 12:00 PM
HI,
My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
My wife got her h1 approval in Oct 2007. She hasnt been on any project, nor has she received any stubs. i want her to convert to h4 again as she is pregnant. If she goes to India to get her H4 stamped what docs does she need? will there be any problems?
more...
ebizash
09-07 02:41 PM
Excellent video and makes sense to some extent!!
Thanks for sharing
US economy is designed this way, everyone will get their own share. No one bothers about optimizing the chain and reducing the cost. If they do that whole economy will collapse. If people started sticking to one marriage and stop taking the divorces, these lawyers will not have work and that portion of economy will collapse. If you have time please watch this video
http://video.google.com/videoplay?docid=4343898391323537541&hl=en
you will know more about US economy.
:D
Thanks for sharing
US economy is designed this way, everyone will get their own share. No one bothers about optimizing the chain and reducing the cost. If they do that whole economy will collapse. If people started sticking to one marriage and stop taking the divorces, these lawyers will not have work and that portion of economy will collapse. If you have time please watch this video
http://video.google.com/videoplay?docid=4343898391323537541&hl=en
you will know more about US economy.
:D
Openarms
04-02 01:08 PM
Dear All,
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
Can we determine to pool in at least 200,000.00 (each to contribute at least 300 dollars) so that we can at least hope for GC in few months and not years.
Please help yourself.
My contribution for April:
Donation to Support Immigration Voice (User: Caliber)
$50.00 USD for one month
Effective Date: Apr. 1, 2009 $50.00 USD
Is it a guaranty or just assumption that we get GC in few months if we pool $300 ??? sounds to me is a guaranty.. can you back this up with reasonable explanation????
more...
factoryman
06-18 05:24 PM
and will revalidate your H1B, assuming the job, company everything is same. That is my best educated guess.
What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?
What heppens if i have AP and go for H1 revalidation...the h1b gets rejected/delayed..can i come back in AP?
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sapota
09-22 09:28 PM
Sorry, but I don't agree. This can get annoying. Sending flowers was a different thing a super brilliant idea...but bath-stoppers...where will the USCIS Director forward those?
:-)
He can send it to 'habitat for humanity' if he wants
:-)
He can send it to 'habitat for humanity' if he wants
more...
samrat_bhargava_vihari
06-18 11:53 AM
If my priority date is retrogressed at the time of processing my EAD and AP, will USCIS keep the EAD and AP on hold? Or will they process EAD and AP and hold the I485?
no
no
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munnu77
05-06 05:49 PM
Yes my note was for humor.
But to answer questions :
out of all useful land , I guess africa has lots of uninhabited land!, so someone would not mind selling! Its not to offend anyone. I have great respect for africans, being aware that we come from them!
Me being an indian upper class guy, and this OBC thing going on back home, I dont think I belong to that country that much, where me/my children will be discreminated against!!!
So dont you guys now think we need our OWN country???
wooooowwww...u really need US green card ASAP..
But to answer questions :
out of all useful land , I guess africa has lots of uninhabited land!, so someone would not mind selling! Its not to offend anyone. I have great respect for africans, being aware that we come from them!
Me being an indian upper class guy, and this OBC thing going on back home, I dont think I belong to that country that much, where me/my children will be discreminated against!!!
So dont you guys now think we need our OWN country???
wooooowwww...u really need US green card ASAP..
more...
UKannan
05-23 09:22 AM
Is there anyway to get the I140 Approval or at least the Receipt # other than that off thru employer?
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knnmbd
05-12 08:08 AM
what is an Advance degree in STEM?
Master's or a PhD in a Science, Technology, Engineering or Math discipline.
Master's or a PhD in a Science, Technology, Engineering or Math discipline.
more...
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makemygc
08-27 12:26 PM
A growing number of states now refuse to issue driver's license beyond the validity of I-94. that means that until your H1 extension is approved, you wont get it, because the new I-94 with new dates will come only after your extension is approved.
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
Now, in Arizona, they accept receipt of H1. In Nevada they dont. Other states have other rules. I know only about these 2.
You can upgrade your H1 to premium filling out a form and it will get approved in 7-10 days. Your employer should bear the expense of premium filing because the employer procrastinate and delay filing of extensions even though its possible to file extension 6 months ahead of expiration date. That procrastination should cost the employer or the lawyer, whoever caused the delay.
You cant blame DMVs for asking for latest I-94. That is the only way they can make sure they are not issuing driver's license to those who overstayed their visas and became illegals. The blame here lies at the feet of employers and lawyers who delay filing extension till the last moment. USCIS gives H1 extension in usually 3-4 months. If everyone filed 6 months ahead of expiry, there is no problem.
Sometimes the government does all it can, and it is possible to avoid all pain if right things are done. But people never easily admit their own mistakes of procrastination and then blame USCIS. USCIS and DMVs of states are totally ok on this issue, in my opinion.
What if DMV refuses to renew the license if I-94/H1 is extended for 1 year (mostly in the case of H1 extension beyond 6th year) but is not stamped on your passport. This happened with me. DMV officer insisted on visa stamped on my passport and he was not ready to accept the I-797 form which I was showing. Finally, I've to go to other DMV and count on my luck to get my license renewed.
This is a as much a problem with DMV as a problem with employees. I did not 100% agreed with your comments that it's a problem with an employer. Now a days even filing 6 months prior to expiration is not guranteed to give you a timely approval.
In Florida, no matter if you have 1 yr or 3yrs I-94/Visa, they only issue you a license for 1 year. Period. Florida..anyway sucks.
Also, can someone tell me, once you get an EAD, can we use that to get the license renewal?
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txh1b
04-15 10:47 AM
Bingo! I was about to say this -- Under COBRA, govt will pay 65% of the payment. I have been to this boat before and COBRA is extremely expensive (~1500 dollars a month for a family of 3).
Also, you need to talk to a lawyer! Desi companies....what can I say.... no company should terminate anyone in the 9th month of pregnancy.
Status wise both you and your husband are OK. Just make sure that both of you renew AP and EAD on time.
Good luck.
COBRA is applicable only if the employer has 20+ employees.
Also, you need to talk to a lawyer! Desi companies....what can I say.... no company should terminate anyone in the 9th month of pregnancy.
Status wise both you and your husband are OK. Just make sure that both of you renew AP and EAD on time.
Good luck.
COBRA is applicable only if the employer has 20+ employees.
more...
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chanduv23
10-10 03:03 PM
^^^^^^^^^^^^^
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485Mbe4001
09-27 02:47 PM
we can also send a band-aid with a message..."Help us fix legal immigration"
more...
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shreekhand
08-25 01:01 PM
I only meant if you have the native country license already or if you can get it remotely. Leaving the US for the express purpose of getting you native country license would be an overkill...as you would agree :)
Unfortunately, I can't leave the US for the following reasons
a) AOS pending
b) H1 expiring soon
c) Won't get any vacation time as just joined a new job.
Unfortunately, I can't leave the US for the following reasons
a) AOS pending
b) H1 expiring soon
c) Won't get any vacation time as just joined a new job.
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gk_2000
07-01 12:55 PM
Should we run another targeted phone campaign to the Republican Senators (the 11 that supported previous CIR)? IV team, let us know
Reform Immigration For America has already launched their fax campaign. This would be the ideal time for a mass scale campaign...
Reform Immigration For America has already launched their fax campaign. This would be the ideal time for a mass scale campaign...
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hunkuncontrolled
04-02 12:59 PM
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
ilikekilo
04-14 09:34 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............
THAT IS NOT TRUE. here is the fact
1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.
2) you have 30 days to enroll the baby after birth
refer to these:
http://www.dol.gov/ebsa/publications/newborns.html
http://www.dol.gov/ebsa/cobra.html
Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?
bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.
Either way you are SAFE and should be covered
Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.
So I dont see any problem whatsoever. So be cool, good luck to you and your family.
I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.
.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............
THAT IS NOT TRUE. here is the fact
1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.
2) you have 30 days to enroll the baby after birth
refer to these:
http://www.dol.gov/ebsa/publications/newborns.html
http://www.dol.gov/ebsa/cobra.html
Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?
bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.
Either way you are SAFE and should be covered
Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.
So I dont see any problem whatsoever. So be cool, good luck to you and your family.
I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.
.
chi_shark
10-01 01:54 PM
it depends on the individual hospital... your downside is only your wife getting fired... which might not really happen unless your wife supplies 100 A grade nurses to the directly competing hospital across the street... if she does that, anyway she wont care for the job.... :-) all the best... let us know how it goes...
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
Hi,
My wife is doing residency using her EAD and she wanted to start a medical staffing company. Would there be any problem from the 'hospitals' since she is working as full time employee or is it depending on the individual hospital contract?
Please help me out if anybody has an idea.
Thanks.
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