Article: Importance of having continuity of employment/pay stubs

What if my 485 is pending? How long can i be without job? I lost my job a yr back and now am on job again but i did not apply for AC21. Will that affect my case. Now that i have a job do i have to apply AC21. Between i am thinking of upgrading from EB3 to EB2. Please help
 
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dm79 said:
What if my 485 is pending? How long can i be without job? I lost my job a yr back and now am on job again but i did not apply for AC21. Will that affect my case. Now that i have a job do i have to apply AC21. Between i am thinking of upgrading from EB3 to EB2. Please help
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This questioned has been answered in detail in my blog. See under all the AC21 related topics.
 
i have been on 4 months unpaid leave as my wife just had a child. Does this count as exceptions for leave for employee's personal reasons
 
I would like to know how i can get my fiancee legal. We have a son together who has heart problems and I want to know how to go about gettin my fiancee legal so he is not deported.. We have been through a lawyer in Houston who really hasn't been much help. Please if you could direct in how to go about doing this I would apprciate it..
 
INS not using FIOA papers

My husband and I went to his Perm Resd. interview back in July and gave the officer all kinds of papers including the FIOA papers showing his visa number and dates and places as my husband had lost his old passport. The officer didn't seem happy.
Then a week ago we got another request to go back for a second interview to "present proof of last entry", we only have the FIOA papers to prove this, but they are not accepting this as proof.
What would you suggest? Does INS have to accept the FIOA as proof? looked all over the internet to see the connection.

Thanks!
 
I hope that is true "They must accept FOIA documents as genuine." as it shows his passport number, and 2 pages of travel documents. We had to provide his families visa's as they all got them at the same time, birth cert, Id's and sign a Notary saying all is true. But the USICS officer said "This FOIA papers doesn't prove his last legal entry" on the last time he flew. When he crossed the check point back in 2005, they only ask him "Are you a U.S. citizen? no, do you have a visa or passport? yes" Checked it on the computer and asked some more questions and then let him drive through. They do not stamp your book for this and even if they did, we lost his book.
You can see they are taking a really long time with it as well. We are genuine, honest people and truthfully can't find anything else to prove entry. :( I found a Mexican Id and paycheck for Feb'2005 to show that he was in Mexico at that time and then later in the year, he crossed legally (no papers proving only FOIA).
 
Sorry I'm posting this under this thread, trying to figure out how to write you as it doesn't give me the option to send you a message? I only used this to post as you wonderfully responded to my question here. :)
 
Hello Expert,

My wife is here on H4 VISA. She has valid H4 approval till this 01-Oct-2011 but not VISA stamped on her passport since she did not depart USA after her H4 extension.

Last year, she applied for H1 through a different consulting company and it got approved on 07-Oct-2010. Also she got I-94 from her employer valid till Oct 2013.

Form that day one, she did not work/join to the employer so her employer did not process salary hence no pay stub. As this is her 6th month without job and pay stub, also it may take another a month or two for her to get the project.

I am here to know and understand about her current situation.

* What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
* Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
* If she get a project, can she start with her existing employer without doing any documentation?
* Do I need to apply for transfer VISA back to H4 from my employer?
* Will there be any complication in future for her to enter in USA?

Going through some forum, looks it is time sensitive, can you please get some info on this?

Thanks,
Viny
 
vinayakrranjan said:
Hello Expert,

My wife is here on H4 VISA. She has valid H4 approval till this 01-Oct-2011 but not VISA stamped on her passport since she did not depart USA after her H4 extension.

Last year, she applied for H1 through a different consulting company and it got approved on 07-Oct-2010. Also she got I-94 from her employer valid till Oct 2013.

Form that day one, she did not work/join to the employer so her employer did not process salary hence no pay stub. As this is her 6th month without job and pay stub, also it may take another a month or two for her to get the project.

I am here to know and understand about her current situation.

* What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
* Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
* If she get a project, can she start with her existing employer without doing any documentation?
* Do I need to apply for transfer VISA back to H4 from my employer?
* Will there be any complication in future for her to enter in USA?

Going through some forum, looks it is time sensitive, can you please get some info on this?

Thanks,
Viny
Click to expand...

* What is her current Status? If she is out of status, does she need to depart the U.S. immediately?
Click to expand...
Yes. She is out of status and should either depart or file a complaint with WHD for non-payment of wages.

* Can she stay here in USA with her existing H4 VISA ( valid till 01-Oct-2011) without taking further action on her VISA status?
Click to expand...
She is deportable.
* If she get a project, can she start with her existing employer without doing any documentation?
Click to expand...

I do not see that curing her being out of status.
* Do I need to apply for transfer VISA back to H4 from my employer?
* Will there be any complication in future for her to enter in USA?
Click to expand...

She should reenter USA with a new H-4 visa. I do not anticipate any trouble for H visa. You must truthfully disclose the circumstances to the consulate.
 
Hi,
I would like to ask u some questions regarding my H1 visa. Currently I m in USA on H4 visa and I m a BHMS (bachelor in homeopathy ) from India. I Stay currently in MA and planning to give council of homeopathic certification exam which is a nationalized exam. And I have a job offer from a homeopath as a assistant to the homeopath in her private clinic after I get my CHC certification. Can you tell me is it possible for me to get the H1B visa as that homeopath is ready to sponsor me?
 
Rajiv Sir,

please take look and let me know the consequences on 485 and do advise

My Consulting firm is based in VA.I was working in VA, my labor and 140 applied and approved in VA in 2007 and 2008.
Recently I moved to NJ for different project still I work for same consulting firm,as my priority dates got current Applied for EAD,AP and 485 from NJ had biometrics done recently waiting for approvals.


1. Will change of state does matter ?

2. EB2 Labor petition is salary is 80k,my current H1 LCA is 70k i have been paid as per h1b LCA in 2010.
and my previous 2006-2009 W2's ranges form 90-110K,will this be any issue

3. I was working ABC-client in VA at that time my h1b extened for three years went to india for stamping.

4. next worked for PQR-client(feb -july) in MD LCA was done H1b amendment notice sent/recived on may/2011 denial notice received on DEC/22 that time I am no more working for PQR-client next project started as mentioned below.

5. currently working for XYZ- client (Aug - till date) LCA done and H1B amendment notice date mailed in NOV/2011 (status -initial review)

please advise..
 
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