sanju_dba
07-22 05:33 PM
As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
jonty_11
11-16 09:13 PM
News from REDIFF
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
overseas
10-06 09:29 PM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
morse
11-16 02:34 PM
...Mdipi.com, but Lost's just has more depth. Yours is sweet, and it's not even funny how much better it is than what I could do. Keep it up :)
more...
sri1309
10-23 07:08 PM
Thanks guys,
One more related question.
If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1
One more related question.
If one has 3 year H1B extension BASED on approved I-140, and a July 07 filer. What about in that case. Will the 485 denial affect that extended H1. Assume in this case that the EAD is not used at any point by primary or spouse who is on her own H1
Macaca
02-08 09:28 AM
Can L1A/B apply for GC? Any differences in GC process for L1A/B? Thanks.
more...
chapper
08-02 01:29 PM
I sent money order for some applications and personal checks for some.
Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank
Money Order can be tracked thru' ur bank - call them and ask how. I did and they gave a 1-800 number to call and track - it is an automated system. My money order was thru' Chase Bank
dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
more...
billu
05-10 12:29 PM
I see your way of viewing this; but I have to disagree with you on this.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
dhesha
08-28 02:07 PM
IV member Venkat80 posted this mail but has removed it for some reason.
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
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kumhyd2
05-19 04:51 PM
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.
alahiri
03-27 10:48 PM
With President himself lending support for immigration related reforms this is probably the best chance we will ever have to put the plights of legal immigrants waiting for a Greeen Card before the senate and the President. Is there any plan to pursue this with the Senate. I would like to request the Immigrationvoice esteemed members to please put some thought into this (if not allready considered) :
Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.
Thanks
AL
Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.
Thanks
AL
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InLineOnLine
03-10 08:38 PM
Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.
Regards.
Regards.
kondur_007
09-24 02:38 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
Good decision. Wish you best of luck!:)
Good decision. Wish you best of luck!:)
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lonedesi
01-28 09:15 PM
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Viva,
I have setup a recurring contribution from my checking account and IV will receive $20/month starting this month until we acheive our goal.
Thanks
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Viva,
I have setup a recurring contribution from my checking account and IV will receive $20/month starting this month until we acheive our goal.
Thanks
gc_eb2_waiter
07-06 10:27 AM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
more...
meridiani.planum
01-08 12:03 AM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
indianindian2006
08-28 02:06 PM
Link not working.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
spicy_guy
10-21 06:42 PM
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
amitpan007
06-21 10:15 AM
I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.
ss777
12-17 02:30 PM
Did you mean DIA POE ?
Its Dulles International Airport (IAD) in Virginia
Its Dulles International Airport (IAD) in Virginia
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