starlite
07-21 01:55 AM
Hello,
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
I worked up nerves to consult with the forum.
Please read my history and answer questions below.
Your non-judgmental and objective answers are greatly appreciated.
I first came to the US on a tourist visa when I was 15 years old.
I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.
So here is the history:
Dec. 1986: Enter the US on a tourist visa (age 15)
June 1987: Out of status from the tourist visa
Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997
July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)
Aug. 1997: Reenter US on a F-1 visa
Oct. 00: Initial H-1B
Oct. 03: H-1B extension
Dec.04: RIR filed (priority date)
Sept.06: RIR approved
Oct. 06: H-1B (7th year) extension
Jan. 07: I-140 filed (pending approval)
July 21, 2007: Preparing to file I-485 with the same employer since 2000
So here are my questions:
Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?
Q2. If so, would I have to worry about getting the I-485 approved?
Q3. If not, should I filed for I-485 at all?
Q4. Any suggestions or possiblities to consider?
Thank you.
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green-mile
01-18 03:17 PM
Hey NJBOY , here no one is against no one .....
Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...
your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.
Before you blame some one double check your post.
BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.
Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...
your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.
Before you blame some one double check your post.
BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.
Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
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little_willy
02-23 11:59 AM
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
more...
santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
Jaime
09-15 06:26 PM
People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!
more...
jayleno
11-20 09:22 PM
Great oppurtunity(....I mean bump).
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gimme_GC2006
04-13 01:13 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
just search on this site..this is discussed almost every week.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
just search on this site..this is discussed almost every week.
more...
coopheal
03-13 04:37 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
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pappu
02-17 12:26 PM
Another op-ed should be coming soon in another media
more...
wandmaker
08-18 10:54 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
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buptlsp
09-18 05:01 PM
got receipt today . 07/02 10:25am the famous J.Barrett .
Guys, keep up, you will be fine and get it soon.
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
Guys, keep up, you will be fine and get it soon.
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
more...
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sanjeev_2004
10-11 05:39 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
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chanduv23
12-24 09:50 PM
There won't be chat on Thursday, 25th, December 2008 as it is Christmas.
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thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
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walking_dude
08-04 11:03 AM
Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.
more...
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acecupid
07-08 04:39 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
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sanjay
08-20 10:03 AM
Are you working for the same company who filed your I-140?
No. I changed to a different company with same position.
No. I changed to a different company with same position.
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snathan
04-13 01:27 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
Send the email. Then if you are not getting anything file a complaint with DOL. If he is sueing you..hire a attorney for couple hundered dollars and draft a response letter. Stating all the illegals things which he is doing like not paying on bench, tell him that he will lose his business and need to pay for the stress you are going through...
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
Send the email. Then if you are not getting anything file a complaint with DOL. If he is sueing you..hire a attorney for couple hundered dollars and draft a response letter. Stating all the illegals things which he is doing like not paying on bench, tell him that he will lose his business and need to pay for the stress you are going through...
sunny1000
03-10 03:19 PM
My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
rbharol
08-22 12:30 PM
SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
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