ras
05-24 12:15 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.
Has anyone in the forum did EAD to H1?
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pappu
05-08 10:26 AM
Hello all,
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
Good to hear that.
You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
Good to hear that.
You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.
morchu
05-04 12:37 PM
AR11 is legal requirement. And that is the first step.
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
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Anders �stberg
May 1st, 2005, 02:46 PM
I'd say you captured the action just fine. All that bird tracking was probably good practice for this.
Thanks Fred. The bird shooting must help for better reaction time if nothing else, they are not always very predictable. :)
Thanks Fred. The bird shooting must help for better reaction time if nothing else, they are not always very predictable. :)
more...
visa_reval
12-12 11:41 AM
couldnt upload the pdf. Here's what you can do.
1. Airport error. If an error on an I-94 was made by an immigration officer at the airport, upon the alien�s arrival in the United States, she may go to any deferred inspection site or to any port of entry to have the document corrected. These posts are controlled by Customs and Border Protection (CBP). The alien does not have to return to the same airport where the error originated.
It is a better policy to try the nearest deferred inspection site first because these are usually more accessible than ports of entry. A list of deferred inspection sites, with hours of operation and telephone numbers, is provided on pages 5 - 8 of this RAPID Answers. A list of ports of entry is available on the website of Customs and Border Protection (CBP) at www.cbp.gov. Click on �Ports�. The alien or her representative should always telephone ahead to make arrangements. Some CBP offices at ports of entry may be inaccessible to walk-ins.
Check with the nearest international airport to see if you can do a deferred inspection. Or else, they could point to an airport which can.
1. Airport error. If an error on an I-94 was made by an immigration officer at the airport, upon the alien�s arrival in the United States, she may go to any deferred inspection site or to any port of entry to have the document corrected. These posts are controlled by Customs and Border Protection (CBP). The alien does not have to return to the same airport where the error originated.
It is a better policy to try the nearest deferred inspection site first because these are usually more accessible than ports of entry. A list of deferred inspection sites, with hours of operation and telephone numbers, is provided on pages 5 - 8 of this RAPID Answers. A list of ports of entry is available on the website of Customs and Border Protection (CBP) at www.cbp.gov. Click on �Ports�. The alien or her representative should always telephone ahead to make arrangements. Some CBP offices at ports of entry may be inaccessible to walk-ins.
Check with the nearest international airport to see if you can do a deferred inspection. Or else, they could point to an airport which can.
zCool
04-01 05:27 PM
"Bought" the labor?
So you broke the LAW..
And now you want to know how to break it further??
You are ignorant, and CRIMINAL!
Not to mention stupid!
Get the heck outta here..
So you broke the LAW..
And now you want to know how to break it further??
You are ignorant, and CRIMINAL!
Not to mention stupid!
Get the heck outta here..
more...
pappu
01-14 07:24 PM
There is also a hearing scheduled for this
http://judiciary.house.gov/oversight.aspx?ID=403
This is all because people affected by it worked hard to get relief.
See the report from National Immigration Forum:
House Immigration Subcommittee to Hold Hearing on Naturalization Backlog
Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.
In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.
Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.
This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.
Sign-On Letter Regarding Naturalization Backlogs
The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.
http://judiciary.house.gov/oversight.aspx?ID=403
This is all because people affected by it worked hard to get relief.
See the report from National Immigration Forum:
House Immigration Subcommittee to Hold Hearing on Naturalization Backlog
Last year, USCIS received a near-record number of naturalization applications. There were a number of reasons for this. The climate towards immigrants has become hostile in the last few years, and obtaining citizenship offers a measure of protection from possible changes to the law that might make life harder for legal residents. There is also an unprecedented drive to help immigrants become citizens in the Ya es hora campaign, now being conducted by the National Association of Latino Elected and Appointed Officials, the National Council of La Raza, the We Are America Alliance, Service Employees International Union, and their regional partners. In addition, USCIS proposed and implemented a record fee increase for naturalization, raising the price from $330 to $595.
In the two months prior to the fee increase, USCIS received about as many naturalization applications as in the entire previous Fiscal Year—700,000. In all, there were approximately 1.4 million applications in the Fiscal Year that ended in September 2007. Although it was expected that the fee increase would produce a surge in applications, and although advocates had kept USCIS apprised of the Ya es hora campaign, USCIS was not adequately prepared for the volume of work it received.
Only recently has USCIS finished sending receipts to applicants who submitted their applications in June and July. USCIS says that there is now an 18-month backlog in processing those applications. In other words, if USCIS does not successfully address the problem of the current backlogs, immigrants who applied to be citizens back in July of last year may not be able to vote in the upcoming national election.
This problem will be the subject of a hearing in the House Immigration Subcommittee on January 17th.
Sign-On Letter Regarding Naturalization Backlogs
The Illinois Coalition for Immigrant and Refugee Rights has drafted an organizational sign-on letter urging USICS to take whatever steps necessary to expeditiously eliminate the backlog. Deadline for signing on is Wednesday January 16 at 1:00 PM Eastern Time (Noon Central, 10:00 Pacific). For the text of the letter and sign-on instructions, see below.
2010 Cite the Purdue OWL in MLA:
gcdreamer05
08-12 06:01 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)
more...
copsmart
02-20 09:06 PM
First of all, her employer will be in trouble sooner or later, for keeping her on bench and not paying.
I don�t think she is accumulating any out-of-status days, because she is still working for the employer. However, it is illegal to employ someone without pay on H1.
Aren�t you aware of the recent raids and arrests?
Best bet is to get her back on H4 ASAP or ask her to leave the country and come back on H4, whichever you think can be done fast.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
I don�t think she is accumulating any out-of-status days, because she is still working for the employer. However, it is illegal to employ someone without pay on H1.
Aren�t you aware of the recent raids and arrests?
Best bet is to get her back on H4 ASAP or ask her to leave the country and come back on H4, whichever you think can be done fast.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
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chprav
11-05 10:28 AM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
more...
GCanyMinute
08-23 08:28 AM
:D That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!
hahaha that was really funny!!
...but also sad for those folks that are waiting :(
Good Luck guys!
hahaha that was really funny!!
...but also sad for those folks that are waiting :(
Good Luck guys!
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sledge_hammer
02-20 06:06 PM
1) What is her current status H1B or H4?
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
more...
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glus
02-24 12:20 PM
I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
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pmat
01-26 11:16 AM
RTP... RTP... RTP... very good school districts, affordable housing and good desi community. Also, good amount of jobs in high-tech fields. Location is pretty good - you can drive anywhere from Florida to NY.
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n_2006
02-23 12:35 PM
Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?
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Pagal
10-17 10:19 PM
Hello,
I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).
You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.
Good luck!
I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).
You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.
Good luck!
more...
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smiling08
09-19 08:52 AM
HI All,
I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!
Fan
I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!
Fan
girlfriend how to quote in mla format.
waitin_toolong
11-04 09:36 AM
do a google search on this term you will find more resources
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delhirocks
07-22 02:06 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
wandmaker
09-15 01:21 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
Inform POE officer - s/he will make a copy and return the original to you.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
Inform POE officer - s/he will make a copy and return the original to you.
loudoggs
07-31 06:51 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
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