wandmaker
10-20 06:08 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
This is a forum for lawful immigrants, not for unlawful.
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
This is a forum for lawful immigrants, not for unlawful.
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Oasis52
05-16 08:37 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
snram4
01-25 03:09 PM
Even CIR comes most pro immigrants groups will oppose. CIR will not have Guest workers program for low skilled workers because of high unemployment. So Business and pro illegal group will oppose. EB reform will be there in the CIR. But that will come with Grassley's restrictive bill on H1b. So, for that most high skilled group including IV will oppose. So CIR will be opposed by everyone. Status quo will continue till some compromise is reached.
When it is piecemeal people say we want comprehensive reform.
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
When it is piecemeal people say we want comprehensive reform.
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
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pappu
12-30 11:10 PM
Happy Birthday IV !!!!
more...
mambarg
07-27 12:45 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
hebron
08-10 09:55 AM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
more...
GCwaitforever
05-24 09:38 AM
By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.
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dan19
09-12 01:52 PM
Isn't it done before LC filing?
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
more...
bkarnik
05-03 11:37 AM
Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
Sundar99:
In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
Sundar99:
In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.
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gc_75
07-17 05:48 PM
Here is the link:
http://www.murthy.com/uscis_update.pdf
no you have until august 17, 2007.
see murthy.com
pk
http://www.murthy.com/uscis_update.pdf
no you have until august 17, 2007.
see murthy.com
pk
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delhikadesi
01-27 10:44 PM
Hello,
I am from chandler.....
but truly in current economy I am not sure if GC in on priority of anyone's list !!.
I am open for a meet and greet to get the ball rolling for our future plans!!
I am from chandler.....
but truly in current economy I am not sure if GC in on priority of anyone's list !!.
I am open for a meet and greet to get the ball rolling for our future plans!!
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sunny26
04-26 09:48 PM
I traveled recently from DTW to india using lufthansa. Allowed two baggage for me and 2 for my son(4yrs old) without any problem
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joydiptac
06-21 01:48 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
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Kodi
05-02 09:47 AM
I entered with 2 months to spare and they didn't even question. And I was on my 6th year.
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skagitswimmer
June 18th, 2005, 09:28 PM
Well, it took longer to get to than I expected but here is my effort. I selected the areas that looked blacked out without detail on my home monitor, and adjusted levels and contrast. Then I used FM's shadow recovery tool overall.
I sharpened the tip of the beak, and then cloned out the oof green leaf and darkened the branch in the lower right foreground.
Let me know whether this looks ok
I sharpened the tip of the beak, and then cloned out the oof green leaf and darkened the branch in the lower right foreground.
Let me know whether this looks ok
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waitnwatch
05-08 10:08 AM
Two thing here. I was wondering whether you understand the connotation of "paki". Do remember that "posts to denigrate anyone are not welcome " as can be seen on top of the page.
Also there have been discussions of a variety of things and the issue of making a DWI a criminal offense has been discussed previously. As long as the moderators are okay with the issue I guess the discussion can continue.
my two cents
hey, my paki friend,
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.
Also there have been discussions of a variety of things and the issue of making a DWI a criminal offense has been discussed previously. As long as the moderators are okay with the issue I guess the discussion can continue.
my two cents
hey, my paki friend,
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.
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Gravitation
11-19 10:30 AM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
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axp817
04-09 02:54 PM
Is this legal?
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
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rajuram
02-10 01:17 AM
You can get an emergency appointment if you are returning H1b worker.
meridiani.planum
04-03 05:49 PM
inline...
Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.
I changed jobs on EAD
1. Did you find have any issues when getting 485 approved.
My PD is still 5 years or so away from being current. :)
2. Did you file AC21.
No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.
3. Does the job responsibility has to meet 100% word by word.
In my case its about 80% the same. In general its better if its as close as possible.
4. Has any one you applied for EAD extension on your own.
Not done yet, but will do this year. Its a simple enough form
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.
Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.
I changed jobs on EAD
1. Did you find have any issues when getting 485 approved.
My PD is still 5 years or so away from being current. :)
2. Did you file AC21.
No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.
3. Does the job responsibility has to meet 100% word by word.
In my case its about 80% the same. In general its better if its as close as possible.
4. Has any one you applied for EAD extension on your own.
Not done yet, but will do this year. Its a simple enough form
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.
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