anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
mambarg
07-20 08:40 AM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
pbojja
06-02 09:20 PM
pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality
illusions
04-15 01:07 PM
wow... man 9 years is like an eternity for me... you deserve it, wish ur wait would have been shorter tho, nevertheless you have it now so enjoy!
more...
Sushie
08-17 01:48 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
smaram1
11-24 08:44 AM
� Confirmation Receipt of E-filing
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
more...
Pankaj
08-15 01:24 PM
My understanding is:
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
vinnysuru
03-30 12:26 AM
You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
more...
reddymjm
03-17 02:01 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
So I would say wait till you get an RFE and respond ASAP.
So I would say wait till you get an RFE and respond ASAP.
regacct
04-26 08:04 AM
Try sending the complete info with all the supporting documents, and a letter mentioning that you are sending this in addition to the one that was filed electronically and this was to correct the omission present in the e-filed app.
more...
bestofall
11-20 09:48 PM
looks like chat URL is not working !
kate123
10-02 08:21 AM
I Filed a case with NJ DOL and the outcome was pretty fast. It took 4 months to completely resolve the case. I spoke to DOL People yesterday and they said I will get all my money back.
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
In your case go ahead and file a case with DOL. Once you file the case you will get a letter from DOL acknowledging your case. May be you can use this ack letter to send it to INS if any query arises.
Before you even file a case tell your exemployer to pay all your money or else tell them that you will file case with DOL, INS. Still if they dont care then,,, go ahead and file the case....
Kinu
more...
sunny1000
09-26 06:20 PM
I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
qualified_trash
07-07 01:09 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
more...
ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
kumar1
12-03 12:30 PM
Thank you. Very encouraging.
Hope for the best, prepare for the worst.
Hope for the best, prepare for the worst.
more...
CADude
04-07 06:30 PM
I will tell my story, if this help.
I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.
To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)
If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.
my 2 cents and good luck
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
I laid-off after working 7 years with big company on March end. I am already 8th year of H1B. Company notified to USCIS and revoked the H1B, etc per company policy. I do have copy of LCA/I140, etc.
I got another job(contract) with some employer. New company lawyer applied for H1B transfer(because old company revoked stuff so to be safe side). Law firm asked ONLY copy of my I-485 Receipt Notice. I think, Attorney changed the sponsorship with H1 transfer(i.e. invoked AC21 with H1 transfer). I didn't get H1 approval so far.
To give more twist: My PD(July 2001) is current per March VB but USCIS will take addtional 90 days to assign my case to Officer. Now contest is on. Let's see if my contract will finish first or GC process. :) :D USCIS already beat me once. USCIS 1 - Me 0 :)
If you have copy of LCA/I-140 then it will better for your record but i don't think it's required to H1 transfer and invoke AC21.
my 2 cents and good luck
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
Can2004
03-02 11:35 PM
Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.
Ivyleaf
10-07 03:41 PM
my votes for bat. reflections are my fav :beam:
geniousatwork
09-01 03:49 PM
Congratulations !!! GOOD LUCK to all the people awaiting approval notice.
chanduv23
09-23 10:21 PM
lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...
Most appealing :) 16 years..............
Most appealing :) 16 years..............
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