desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
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Beta_mle
02-19 09:04 PM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
amitga
11-15 03:48 PM
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
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Bobby Digital
October 22nd, 2005, 11:49 PM
I think the first shot needs more light. The second and third are great!! Nicely done!!
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collkaverill
09-04 12:32 PM
This is an interesting article. My younger brother works for Wipro in India. He has a H1 Visa and work permit for U.K. He highly prefers London to US for several reasons. Firstly, he saves more money there (it used to be other way round a while back). Secondly, if he gets married, she won't be stuck at home for lack of visa... Currently he is here in US temporarily but when he goes back to India, he is going to ask for a longterm project in UK. Certainly doesn't want to come here on a longterm project. More importantly he doesn't want to settle permanently anywhere except in India.
I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...
I feel bad for getting stuck in this country. My wife is a doctor and her prospects anywhere except in US are very dim. But if I would have been married to an IT girl, I would have strongly persued oppurtunities else where. World is big and for IT folks oppurtunities are abundant everywhere...
suresh_la
12-01 05:16 PM
Hi
If any one can answer my question above , please
I am in dilema
Thanks in advance
If any one can answer my question above , please
I am in dilema
Thanks in advance
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Anogar
03-05 02:12 AM
I think I misread the OP about moving from the flash IDE to flex builder although I strongly prefer both FD and FDT to flex builder..
and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P
You didn't misread it, he said:
I think it's natural to switch from Flash Studio to Flex Builder in the some point of time.
Never mind...
And I also disagree. Flex has some strong points, but ultimately there isn't much you can't accomplish with Flex that you couldn't have done with Flash + Flash Develop, or FDT, or something like that. Obviously no one uses the Flash IDE to code once they reach a certain point, but that doesn't mean the only (or best) option is to move to Flex Builder. I find Flex Builder to be sort of cumbersome, and for working with artists, which I'm always doing, I much prefer using the Flash IDE.
and no Jeff, it wasn't directed at you although I'm sure you have no idea what you're talking about either :P
You didn't misread it, he said:
I think it's natural to switch from Flash Studio to Flex Builder in the some point of time.
Never mind...
And I also disagree. Flex has some strong points, but ultimately there isn't much you can't accomplish with Flex that you couldn't have done with Flash + Flash Develop, or FDT, or something like that. Obviously no one uses the Flash IDE to code once they reach a certain point, but that doesn't mean the only (or best) option is to move to Flex Builder. I find Flex Builder to be sort of cumbersome, and for working with artists, which I'm always doing, I much prefer using the Flash IDE.
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leoindiano
03-17 10:02 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
more...
BECsufferer
04-19 09:45 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
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Hassan11
09-07 11:44 AM
I posted this question almost a month agao with no response. can anybody help?? I am stuck........
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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gchopes
08-04 09:41 AM
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
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rb_248
03-30 10:54 AM
Try making a baby and see if it works.
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paragpujara
10-09 07:10 PM
I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.
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hmehta
08-04 03:40 PM
Well, there are some clauses under which if you take out from 401K, you won't be penalized.
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nat23
11-21 08:49 AM
Email sent.....
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Pagal
03-18 07:40 AM
Hello,
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
My 2-cents:
1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)
As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.
This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.
However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)
more...
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Kodi
11-13 12:53 PM
How do we know that I-140 is "approvable"?
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siddar
09-04 01:41 PM
This is as per USCIC:
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
06/05/08. Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition (link at bottom of page).
Goto www.uscis.gov and click on 'Immigration Forms' and scroll down for I-693.
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aj1234567
10-22 08:11 PM
I got FP Appointmnet letter on 10/10/07 for the the date 10/30.
After i got this fp appointmnet letter i had changed my address on 10/10/07 with usics, i got card production mail from uscis on 10/11/07,they updated my new address and i did not got any mail from them saying that they send the EAD card,many of my frineds said that they recived mail from usics saying that EAD had sent my mail,But i did not
Is adress change impact on EAD time.
After i got this fp appointmnet letter i had changed my address on 10/10/07 with usics, i got card production mail from uscis on 10/11/07,they updated my new address and i did not got any mail from them saying that they send the EAD card,many of my frineds said that they recived mail from usics saying that EAD had sent my mail,But i did not
Is adress change impact on EAD time.
ebizash
05-27 01:43 PM
I eFiled 4/14, docs sent 4/18, last LUD 4/26..... no activity since then...
gc_kaavaali
12-10 02:53 PM
Please consider contributing IV...IV need your help to resolve our immigration problems.
http://immigrationvoice.org/forum/showthread.php?t=15905
http://immigrationvoice.org/forum/showthread.php?t=15905
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