wandmaker
10-12 04:25 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
wallpaper Sirius Black:Can#39;t Be
franklin
06-23 03:39 AM
Suppose we use OverNight Express USPS mail ... I was wondering
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
early enough to the there on July 2nd and not before
when i can send the package ?
If i send too early say Thursday June 28th it will reach their office Friday June 29th - will it get rejected because PD is CURRENT only as of July 1st, Sunday ??
early enough to the there on July 2nd and not before
supu
12-05 08:14 AM
Vishwak,
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
If u dont file CA21 , just make sure , u dont leave and re-enter usa.
U may expect trouble at the airport.
Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.
Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...
If u dont file CA21 , just make sure , u dont leave and re-enter usa.
U may expect trouble at the airport.
2011 Disclaimer: I don#39;t own Remus
peer123
07-16 08:21 PM
NO, u cannot apply, unless you want GC as principal applicant only
I am not sure if your answering the question on this post..
Husband and wife can be on thier application as principal and dependant applicants on each other's application from their respective company
I am not sure if your answering the question on this post..
Husband and wife can be on thier application as principal and dependant applicants on each other's application from their respective company
more...
gc_kaavaali
07-19 07:47 AM
As far as my knowledge is concerned Change of address triggers Soft update on pending applications (If you change for pending applications also). This happened to my case also when i changed my address last year.
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
uimv
03-15 01:55 PM
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
more...
roseball
04-29 03:13 PM
No, you cannot show that period as experience. Moreover, by doing so you will be saying that you have been working during that period which would be illegal while on H4.
2010 Remus Lupin, Severus Snape
optimist578
01-19 07:30 AM
I-140 Filing date : Nov 2006
Category: Eb3
NSC
Category: Eb3
NSC
more...
newuser
05-14 08:16 PM
Just got an SMS that the my application was approved on May 13th. (Post Decision Activity)
PD - Jun 5th, 2006 NSC
Received Date - Oct 4th 2007
PD - Jun 5th, 2006 NSC
Received Date - Oct 4th 2007
hair Remus Lupin - Death Dealer
morpheus
07-07 01:33 PM
Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
more...
amaran18
08-13 04:30 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
hot Remus Lupin 248. Sirius Black
stirfries
03-18 09:31 PM
I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
more...
house Remus Lupin and Sirius
mmanurker
06-25 01:27 PM
SSSarkar and Morpis,
My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07
My wife's passport is also expiring in Oct'07 so I spoke to my company's attorney and he said its not a problem and advised me that we will go ahead and file our (me and my wife's) 485. I am planning to apply for the renewal of my wife's passport sometime in July or Aug'07
tattoo Black - #Remus Lupin
lecter
December 21st, 2007, 06:35 AM
Interesting post.
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
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pictures james potterlily pottersirius
Steve Mitchell
March 20th, 2004, 02:40 PM
Had to crop this one a bit...here's the reaction after hitting the game winning shot shot with 1.7 seconds left to give the Kings the victory.
http://www.dphoto.us/forumphotos/data/543/1victory.jpg
http://www.dphoto.us/forumphotos/data/543/1victory.jpg
dresses Net ~ remus lupin shrine and
arc
10-30 01:48 PM
My wife's finger printing fee was rejected last month, even though we submitted the right fee.
We still submitted the fee again. In the mean while, we got our finger printing notices.
Do u know when we would get our EADs ? Is anyone in a similar situation ?
Thanks
First of all what is Finger printing fee? FP is part of your 485 process so i is not charged seperately... secondly yes EAD can come before FP... and they are not related EAD is Form I765 and FP is related to I485. Check with your lawyer if you had applied for EAD or not...if not then apply if yes then wait you will get it too...
Yes one can walk in usually on wednesday but depending on the rush they might or might not accomodate depends how you persue... and how valid your reason is... one can also go to another ASC then mentioned on the form they all do the same thing and assignment is purely based on load at a particular ASC.:cool:
We still submitted the fee again. In the mean while, we got our finger printing notices.
Do u know when we would get our EADs ? Is anyone in a similar situation ?
Thanks
First of all what is Finger printing fee? FP is part of your 485 process so i is not charged seperately... secondly yes EAD can come before FP... and they are not related EAD is Form I765 and FP is related to I485. Check with your lawyer if you had applied for EAD or not...if not then apply if yes then wait you will get it too...
Yes one can walk in usually on wednesday but depending on the rush they might or might not accomodate depends how you persue... and how valid your reason is... one can also go to another ASC then mentioned on the form they all do the same thing and assignment is purely based on load at a particular ASC.:cool:
more...
makeup Remus Lupin#39;s Diary - Monday
waiting4gc
07-17 08:31 PM
I think if there is one bouquet from iv core sent to her that should be good enough. We are not trying to draw undue attention to her office by filling it with flowers:)
girlfriend sirius black and remus lupin
new_horizon
03-13 11:03 AM
Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.
hairstyles lupin/lack
casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
paskal
02-22 06:35 PM
you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
bk_ravi@yahoo.com
07-01 06:34 PM
By all means , I want to participate in this law suit. I dont want to hide anything from DOS or USCIS as I have not lied. My user id in this forum is real email id.
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