my2cents
06-16 04:27 PM
[QUOTE=das0]Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks
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dixie
09-05 01:12 PM
If you consider carefully, all the sponsors of SKIL whether its the house or the senate are republicans. Dems are pro-immigration in general, but they are more concerned about the illegals.Republicans on the other hand are anti-immigration in general, but pro-business; which roughly translates to pro-legal immigration. So by no means is SKIL a slum-dunk; if anything, CIR might come in for more favorable review by the dem-controlled house.Things will get interesting is all we can say.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
sats123
11-04 12:29 AM
Last year even I did not get my AP though it was approved. It was lost in mail. I had called USCIS several times and tried to request a duplicate copy. They said they cannot do it. I had sent letters to senator, senator's office sent letter to USCIS and nothing worked. what a PIA, $305 for no reason.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
2011 for Funny+google+searches+
desi3933
05-21 06:40 AM
My past post on this issue
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
more...
needhelp!
10-09 05:56 PM
for your help in the past and look forward to continue working with you.
vdlrao
06-01 09:26 PM
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
really good information.
really good information.
more...
partha_vus
02-13 05:19 PM
Hi,
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.
thanks,
My PD Jan 2001( I ported PD - NOT SUBSTITUIE). I filed on July 2, 2007 for 485. I don't see any LUD's. Any guess what might be ahppening with my case.
thanks,
2010 Funny Google Searches
snowshoe
12-18 08:53 AM
Raj,
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
more...
kaisersose
07-26 03:25 PM
To travel out of the US when a 485 is pending,
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
1. You should have AP or
2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt
So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.
hair Funny Google Search
optimystic
04-06 11:41 PM
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
I can't say how much weight this statment holds...
I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....
In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.
Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.
So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.
And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )
[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )
I can't say how much weight this statment holds...
I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....
In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.
Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.
So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.
And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )
[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )
more...
Libra
09-26 12:17 PM
No, I got my EAD approved and still waiting on I-140 approval from NSC.
I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?
I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?
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tikka
08-06 09:48 AM
...bump...
I will be there..
I will be there..
more...
house google funny.
Bytes4Lunch
03-07 09:25 AM
Visa stamping interview --> First week of Feb
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
tattoo Funny Google Search
gc_kaavaali
11-14 04:13 PM
do you know my employer user name?
Your employer gave you a red mark.
Your employer gave you a red mark.
more...
pictures Google search suggestions.
belmontboy
08-10 10:41 PM
Even if they reform all your 9 issues, we would still be stuck in the GC mess.
The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
we should request:
1.) increase in GC numbers
2.) capturing unused visa's from previous years
3.) removing country cap
4.) reforming namecheck.
EB backlogs would be eliminated by sep end anyways.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
The concerns should be 3-4, so that we don't appear demanding to the lawmakers, press and the public.
we should request:
1.) increase in GC numbers
2.) capturing unused visa's from previous years
3.) removing country cap
4.) reforming namecheck.
EB backlogs would be eliminated by sep end anyways.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
dresses sure Funny+google+searches
Gravitation
03-27 10:33 PM
... "Its the Journey that matters, not the destination"
Every tried to catch the last bus home on a rainy evening?
Every tried to catch the last bus home on a rainy evening?
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krothapalli
10-07 01:25 PM
Yes! We should gather and get the ball rolling in Arizona. Now, I don't see lot of activity from AZ in IV.
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lazycis
12-11 09:19 AM
6 months according to the USCIS website
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snathan
02-01 09:35 PM
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
How come a wife can have another wife...:D if you are not aware the OP is a girl.
You didnt tell which movie cd...?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
How come a wife can have another wife...:D if you are not aware the OP is a girl.
You didnt tell which movie cd...?
hpandey
11-10 02:57 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.
sumansk
10-24 06:08 PM
Hello guys ,
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
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