xbohdpukc
09-25 11:59 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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pa_arora
07-23 04:47 PM
Yes u should send all the docs relating to the case if u dont have the Receipt notice.
FP notice is a great idea, also because its a look alike to the Receipt notice.
FP notice is a great idea, also because its a look alike to the Receipt notice.
ivuser9
12-02 12:01 PM
What are the docs requested by the VO? Plz update us. I think once you submit all requested docs,your processing will resume
Good luck
Good luck
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nixstor
07-12 02:47 PM
Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes.
Politics
------
Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
Satveer Chaudhary, state Senator in Minnesota.
Toby Chaudhuri, Democratic communications strategist.
Swati Dandekar, an Iowa State Representative
Dinesh D'Souza, a conservative commentator and author
Kris Kolluri, New Jersey Commissioner of Transportation.
Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
Raj Mukherji, New Jersey lobbyist and businessman.
Vij Pawar, New Jersey attorney and former congressional candidate.
Ramesh Ponnuru, contributing editor at the National Review, political commentator
Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
Sanjay Puri, Chairman of USINPAC & USIBA
Nikki Haley, South Carolina legislator
Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987
Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(
Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds
B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)
Politics
------
Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
Satveer Chaudhary, state Senator in Minnesota.
Toby Chaudhuri, Democratic communications strategist.
Swati Dandekar, an Iowa State Representative
Dinesh D'Souza, a conservative commentator and author
Kris Kolluri, New Jersey Commissioner of Transportation.
Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
Raj Mukherji, New Jersey lobbyist and businessman.
Vij Pawar, New Jersey attorney and former congressional candidate.
Ramesh Ponnuru, contributing editor at the National Review, political commentator
Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
Sanjay Puri, Chairman of USINPAC & USIBA
Nikki Haley, South Carolina legislator
Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987
Thanks for googling this list up. USINPAC tried to portray us as Emigration voice and we will ask them for help. :(
Guys on the list of Howard Dean/ S R Siddharth etc cannot help us with our cause. The irony is they dont relate our cause at all, because we neither have right to vote nor the right to contribute to their democratic national committee funds
B T W one andhrite from Detroit gave 1 mil USD to clintons for gracing TANA 2007. I don't know if he is a consulting company owner or a doctor but many andhrites run consulting companies and they would not love us to be freed :)
more...
tabletpc
10-17 11:13 AM
I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
franklin
07-11 05:50 PM
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
more...
crystal
03-28 04:20 PM
In the profile data EAD/AP dates are kind of overkill I guess, even though they are not mandatory fields. They add no/very little value to overall purpose.
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harsh
12-22 09:55 AM
Any other bama residents? I am sure there are more people stuck in retro in alabama. Signup other alabama residents...
more...
dealsnet
01-13 11:08 AM
I got approval 2 years back. What I did is applied for EAD when my date is current in that months's bullettin. So they picked up my file and find my date is current, so they rejected my EAD application first and approved the GC. I have lost the EAD filing fee, but got a peace in mind (GC).
Try that route, to pick your file from the shelf. (black hole)
Try that route, to pick your file from the shelf. (black hole)
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leo2606
08-04 08:47 PM
If I were you, I will pay additional $1,000 to USCIS for getting me out of GC mess.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
more...
ALLYYU
08-16 10:13 AM
Does anyone have any idea what the code stands for.
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
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nomorelogins
11-21 11:51 AM
please close this thread.
more...
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pachai_attai
09-04 09:05 AM
485 approved on August 31st. Approved 3 weeks after I sent out the RFE.
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nixstor
09-17 02:09 PM
Paskal,
That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.
That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.
more...
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belmontboy
12-10 03:10 PM
The anonymous reputation system is prone to abuse.
People sometimes use derogatory language. It would be great if the names are also published along with ratings.
People sometimes use derogatory language. It would be great if the names are also published along with ratings.
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GreenMe
01-21 01:47 PM
My wife and I work for Consulting firm. We both had to travel to India for Visa Stamping.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
My wife appeared on 4th Dec 2010. The Consular asked all regular work questions to her and then issued her a blue 221(g) form asking for additional documents from employer. The documents asked were Employer tax returns, each state tax returns, employee list with their salaries and position.
My wife went to Mumbai Consulate again on 17th Jan with all additional documents. To our surprise she was interviewed same day by the same Consular and issued a visa. Typically in the past, the consulate would take the paper and would ask the candidate to wait for the email from consulate.
I appeared for my Visa interview on 23rd Dec and was issued yellow 22(g) form without checking any of my documents. I was asked how I am working on 7th year of my H1 and then issued a yellow form to verify my details. I was told to wait for email from consulate. Luckily I received email on 3rd business day. Typically these cases take anywhere from1 to 3 months.
At VFS center I met 3 more people who received yellow 221(g) and got reply from consulate with 2-3 business days.
My observation is that the Mumbai consulate was issuing 221(g)s to many folks. And this is not just limited to IT consultants but also affects Fulltime non-IT folks too. One of my friend from Manufacturing received yellow 221(g) last month but got email from consulate after 10 business days.
So to conclude, I think Mumbai consulate is issuing these 221(g)s a lot but at the same time the turn around time is also quick.
more...
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deepimpact
09-17 11:35 PM
do we know how much it is for this year?
For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.
For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.
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lazycis
12-28 08:22 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
To company lawyer, since company is the petitioner for I-140.
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
To company lawyer, since company is the petitioner for I-140.
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lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
rockstart
02-23 12:06 PM
What you think about state of economy does not matter. You have few options at this moment. First of all update your profile. If you have EAD then yes you can do an AC21 but that means there is some company out there which has a job & salary that matches your labor profile. So if you can find one then the option is always open to make the switch.
Munna Bhai
08-24 01:34 PM
Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
Here is what I got update from my attorney:
"Once the I-140 is approved(EB3, Nov 2004), we will write to the Immigration Service requesting them to apply that priority date to the pending I-485 (EB2, Feb 2006) application."
Hope this helps.
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