peekay
06-29 03:03 PM
Hi,
I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.
Peekay
I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.
Peekay
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lp2007
11-01 05:31 PM
I think she should not have any problem with her future visits.
My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.
One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.
USCIS takes between 6 weeks to <nn> weeks to process the request.
One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.
I hope this helps.
My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.
One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.
USCIS takes between 6 weeks to <nn> weeks to process the request.
One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.
I hope this helps.
ak_manu
10-24 11:40 AM
Hello,
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
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ksvreg
02-24 08:17 PM
I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.
more...
lostinbeta
10-20 10:09 PM
I don't have THAT many posts :P
rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
more...
deecha
07-16 03:02 PM
Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.
I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.
What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.
I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.
What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.
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nagio
11-08 12:36 PM
Keep checking the dates. As mentioned in the earlier post, dates were opening just before two weeks. I would not recommend taking emergency appointment unless it is a true emergency.
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H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
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redds777
09-20 08:47 PM
Hi
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
more...
rajenk
07-16 12:49 PM
Thanks a lot Raj.
One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.
Thanks again for answering so promptly.
CAH
Below are the documents that you need to get from your previous attorney/Employer.
1. Legible copy of your approved labor that you and your HR had signed.
2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"
3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.
That is all you need.
Make sure to transfer your H1-B to your new employer.
Good luck.
Raj:)
One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.
Thanks again for answering so promptly.
CAH
Below are the documents that you need to get from your previous attorney/Employer.
1. Legible copy of your approved labor that you and your HR had signed.
2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"
3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.
That is all you need.
Make sure to transfer your H1-B to your new employer.
Good luck.
Raj:)
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pappu
09-23 09:45 AM
We need help from volunteers on this forum to add links in Wikipedia.
I added IV on the indian american page in wikipedia but it was deleted. could more people try to do it. Pls dont edit several pages at one time. the system, considers it as a spam and deletes all. It happened with me so I am urging other people to pitch in.
http://en.wikipedia.org/wiki/H1B_visa
pls add content about IV in the immigration section and add IV links.
----
H1b page (says a lot of things against this visa). we need to write some issues h1b visa holders face when the apply for green card
http://en.wikipedia.org/wiki/H1B_visa
---------
http://en.wikipedia.org/wiki/Immigra..._United_States
need IV link and detail here
--------
http://en.wikipedia.org/wiki/Chinese_American
chineese members pls update this page with IV link
===
http://en.wikipedia.org/wiki/United_..._Resident_Card
green card.
talk about EB green card issues
===
http://en.wikipedia.org/wiki/U.S._Ci...ation_Services
uscis
talk about delays and broken system
if you come across other pages related to immigration pls go ahead and add IV links.
Thanks for your help.
I added IV on the indian american page in wikipedia but it was deleted. could more people try to do it. Pls dont edit several pages at one time. the system, considers it as a spam and deletes all. It happened with me so I am urging other people to pitch in.
http://en.wikipedia.org/wiki/H1B_visa
pls add content about IV in the immigration section and add IV links.
----
H1b page (says a lot of things against this visa). we need to write some issues h1b visa holders face when the apply for green card
http://en.wikipedia.org/wiki/H1B_visa
---------
http://en.wikipedia.org/wiki/Immigra..._United_States
need IV link and detail here
--------
http://en.wikipedia.org/wiki/Chinese_American
chineese members pls update this page with IV link
===
http://en.wikipedia.org/wiki/United_..._Resident_Card
green card.
talk about EB green card issues
===
http://en.wikipedia.org/wiki/U.S._Ci...ation_Services
uscis
talk about delays and broken system
if you come across other pages related to immigration pls go ahead and add IV links.
Thanks for your help.
more...
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GlobalCitizen
07-27 10:31 AM
Thank you every one for your help. I have decided to apply!
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bmoni
07-12 03:57 PM
Good write up . Being on EB3 you know my pain. I strongly believe if we need any change that can come through only by a lawsuit.
pm me if you need any help from me.
pm me if you need any help from me.
more...
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Canadianindian
07-24 06:34 AM
You folks can apply for a Canadian immigration for yourself. It would take atleast 6 months. While she can live on Canadian bording city such as Windsor, and you can work in Detroit, MI. Detroit and Windsor are about 2 miles from each other, and I know many ppl who live in Windsro and work in Detroit.
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vamsi_poondla
01-18 02:39 PM
All the best....Floridans....hope you will write the letters this weekend without fail..We need to do this simple thing to show our strength.
more...
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gc_in_30_yrs
09-11 04:03 PM
My PD is Aug, 2004. Got 45 Days letter sometime in March 2006 and replied. No movement. No changes. No information. Employer says, he did not hear anything from them to start advertising.
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whiteStallion
10-13 02:26 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
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syzygy
06-17 01:37 AM
I am in same boat. Very concerned what will happen. Do you have interaction / advise from any lawyer?
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
ricky26
03-30 11:33 PM
Congratulations !!!!! Take a deeeeep breath and relax.
cinqsit
02-02 08:43 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
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