singhsa3
11-04 08:11 PM
Check your private msg
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
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chandrajp
06-19 01:14 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
h1techSlave
07-15 10:39 AM
The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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jackrabbit
04-11 12:21 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
more...
vikki76
11-09 01:45 PM
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
Better_Days
03-04 02:44 AM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
more...
vrbest
03-23 10:59 AM
Our deepest condolenses and sympathies to thier families. May their souls rest in peace.
Please be safe and wear seatbelts always..
Please be safe and wear seatbelts always..
2010 Nicole Richie – a lot of
gcisadawg
07-11 01:03 AM
Kudos and Hats off to the originators of this idea and hundreds of members that sent flowers.
Check this site!
http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1
Check the statement from USCIS Director Emilio Gonzalez..
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
Thank you guys for the creativity shown here!
Check this site!
http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1
Check the statement from USCIS Director Emilio Gonzalez..
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
Thank you guys for the creativity shown here!
more...
angelic
February 26th, 2004, 11:13 PM
Ok, I did it..but now I have to go whip myself for exibiting the sin of pride :(
Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.
Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.
hair Next, Nicole Richie#39;s
FinalGC
09-16 12:57 PM
Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly
more...
ssksubash
11-13 03:37 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
more...
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conchshell
07-28 01:44 PM
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.
k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.
tattoo August 5, 2008 | Brunette
ashkam
03-09 08:59 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
If she's not working anymore what does the I9 form have to do with anything?
To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).
Right now she is on H1 as well as AOS.
If she's not working anymore what does the I9 form have to do with anything?
To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).
more...
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edaltsis
05-06 12:51 AM
Per the law no matter what:- You need to prove that you have a job and that should be same/similar job that of your Labor. I cant advise you to go with option 3 as it's at your will. I am not sure about option 2 if USCIS will really accept because you are supposed to have a job in hand. Green Card is filed based on Future Employment but it doesn't mean that you can be without job until you get your Green Card.
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
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a_to_z_gc
01-22 07:29 PM
Try marrying a US citizen, that may be your only hope looking at the current situation (Just kidding)
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
more...
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nat23
03-09 02:06 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
girlfriend Nicole Richie Brunette Fringe.
binadh
07-05 10:20 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
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diptam
06-26 04:07 PM
I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.
for me company is paying for everything except medical..
for me company is paying for everything except medical..
tom123
10-08 02:56 PM
Hi,
Active trader / Passive Trader hmm !!! interesting.
1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )
2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others
FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )
Hope you make some money.
Active trader / Passive Trader hmm !!! interesting.
1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )
2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others
FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )
Hope you make some money.
bombay
02-14 05:21 PM
either way we are screwed. The only option is to support IV, Send letters and tell others to do the same too.
BE ACTIVE in IV's action items
PD Oct 06
I485 filed
I-140 approved + 180 days + job change soon
Live life with Passion. Forget Green card and other worries. Everyday think What did i learn today.
BE ACTIVE in IV's action items
PD Oct 06
I485 filed
I-140 approved + 180 days + job change soon
Live life with Passion. Forget Green card and other worries. Everyday think What did i learn today.
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