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telekinesis
05-26 12:33 PM
Nice volley, I love it!
Whoa, you are in a battle with everyone. :P
Hopefully have mine done soon. Oh crap, I'm late for work, talk to you later.
Whoa, you are in a battle with everyone. :P
Hopefully have mine done soon. Oh crap, I'm late for work, talk to you later.
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nowhereman
01-31 10:01 AM
Are you out of your mind ? You are taking a huge risk by staying in the US and droping your Canadian PR because of some "probable" green card. What makes you think that by the time you finish school the situation will still be better in US. I hope you will not regret this but think about your family. In 3 years you and your family could be happily in BC with free health care, great weather, less stress, travel wherever and whenever you want, have your own law firm.
OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.
Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.
Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.
Thanks gomirage for your views as an actual Canadian resident! I have worked with several Canadians before, and while they all complained about the high taxes it seemed like they generally thought they had a better lifestyle in Canada than in the US.
However, some stuff I've been seeing on sites like notcanada.com concerns me. Is Canada really a place where it's more profitable to sit around and collect welfare than to work, assuming you can even find a job? Are Canadians more racist than Americans? Is it really hard to get by career wise and socially if you're not a native or have the appropriate connections?
I would really like to hear the views of someone having moved to Canada from the US about these issues!
OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.
Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.
Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.
Thanks gomirage for your views as an actual Canadian resident! I have worked with several Canadians before, and while they all complained about the high taxes it seemed like they generally thought they had a better lifestyle in Canada than in the US.
However, some stuff I've been seeing on sites like notcanada.com concerns me. Is Canada really a place where it's more profitable to sit around and collect welfare than to work, assuming you can even find a job? Are Canadians more racist than Americans? Is it really hard to get by career wise and socially if you're not a native or have the appropriate connections?
I would really like to hear the views of someone having moved to Canada from the US about these issues!
ntpatil
11-10 06:14 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
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americandesi
11-12 07:10 PM
You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
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piyu7444
04-05 06:15 PM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
People here have related change of address to RFE but I personally do not blv. it happens as I changed address 3 times and nuthing adverse happened.
Wait for the RFE. It could be something minor. Since you are eb1 they might need something related to your job/experience. Each RFE is different and no one can predict what it could be. I have seen that 80-90% RFE can be replied easily so dont worry. Post again when you have information on what USCIS is asking for and I am sure that somone out here will be able to help you out.
Good Luck.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
People here have related change of address to RFE but I personally do not blv. it happens as I changed address 3 times and nuthing adverse happened.
Wait for the RFE. It could be something minor. Since you are eb1 they might need something related to your job/experience. Each RFE is different and no one can predict what it could be. I have seen that 80-90% RFE can be replied easily so dont worry. Post again when you have information on what USCIS is asking for and I am sure that somone out here will be able to help you out.
Good Luck.
senthil
06-15 06:23 AM
july 04 -- What a day to loose my independence :-)
wishes for your marriage and there-after
wishes for your marriage and there-after
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immigrationvoice1
04-03 07:33 PM
Can anyone please explain what does "Testing" mean in Combined EAD & AP Document - Under Review/Testing ?
Even a wild guess will do for an answer! :)
Even a wild guess will do for an answer! :)
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beautifulMind
08-20 01:13 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
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looivy
05-01 04:01 PM
Winner - Very well blogged.
All of us need to rally for IV cause with full strength.
All of us need to rally for IV cause with full strength.
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vamsi_poondla
02-07 02:52 PM
I never knew that one can become moderator/admin by posting more posts to get attention of Pappu. ;)
There is a thin like between spam and high publicity. Chandu never crossed this.
Those who are yet to send the letters, please send it. Those who already sent them, please ask your friends. Those who feel more strong about GC and believe that IV can work for our benefit, print 10 copies at least and get the signatures from your friends directly.
All in all, let use +ve energy that will make this campaign successful, rather than questioning other motivated members' intentions.
There is a thin like between spam and high publicity. Chandu never crossed this.
Those who are yet to send the letters, please send it. Those who already sent them, please ask your friends. Those who feel more strong about GC and believe that IV can work for our benefit, print 10 copies at least and get the signatures from your friends directly.
All in all, let use +ve energy that will make this campaign successful, rather than questioning other motivated members' intentions.
more...
GCOP
04-06 08:06 PM
Agree. Recapturing unused visas (estimated to be around 218,000) is the single most important thing we should focus on. We should also keep pressure on USCIS through lobbying efforts to use up the available numbers for the current year. According to one estimate (posted somewhere on IV forums), USCIS will only use 80K visas this year.
So, what can we do?
Can we organize another rally?
Fast for a day in protest?
Are we making any progress towards unused Visa Recapture ?
Input requested from IV core Team please, if there is any action Item suggested to achieve this Goal.
Continue Letter Campaign ?
Organize Another Rally ? Or Any other action ?
________________________________________
PD: October 2003, EB-3 (India)
Contribution: $20 + $20 + $100
Participated in Letter Campaign
Attended D.C. Rally
So, what can we do?
Can we organize another rally?
Fast for a day in protest?
Are we making any progress towards unused Visa Recapture ?
Input requested from IV core Team please, if there is any action Item suggested to achieve this Goal.
Continue Letter Campaign ?
Organize Another Rally ? Or Any other action ?
________________________________________
PD: October 2003, EB-3 (India)
Contribution: $20 + $20 + $100
Participated in Letter Campaign
Attended D.C. Rally
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sumansk
10-02 03:51 PM
I dont think that revoking I-140 by sponsoring employer has any affect on the your process if you use AC21 after 180 days...Not sure about the before 180- days situation though !!:rolleyes:
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bluekayal
02-23 05:35 PM
I wrote a letter with I-485 copy and said we were no where near current, and got the 1 yr EAD replaced with a 2-year one :)
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pappu
10-06 01:29 PM
Ask him.
:D :D :D :D :D :D
:D :D :D :D :D :D
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snathan
04-09 10:40 PM
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
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chanduv23
10-19 09:25 AM
I have been through this situation and now work for consulting company. Actually I got layed off without notice in 6th year of my h1b with Labor pending in backlog. I had no resources, tools and no one gave me any consultations, everyone told me "go find another job". In 20 days I found myself a 6 month contract assignment and had a consulting company transfer my h1b and they also applied for my 7th year extension based on pending labor from my layed off company. I went for stamping at Chennai and was through, applied for GC through EB2 PERM and got my 140 approved also and now I just got used to consulting and this is my 3rd contract position with the same company and I earn 50% more than what I was earning 5 years on my fulltime job. Now that I got used to consulting, I would want to think twice if I have to get a fulltime job offer on h1b. Everything is so customozable in a good consulting company , like moving charges, allowances, expenses, traavel expenses, can be worked out in good faith.
In general, there is an unofficial grace period of atleast a month, stretchable to 2 months based on case to case and worst comes, if a job hunt exceeds 2 months, then your new job, they may give you a h1b approval but you have to get it stamped immediately as they wont attach an i 94 with it, I have seen this happen to people.
In your case, as you already have an approved 140, you have to smartly get copies of all your documents and look for a genuine consulting company, get letterheads and keep contacts with some good friends and have them give you an experience letter and move on. You can get 3 years transfer and also retain your PD. If you qualify for eb2 in new company, then you can port eb3 PD while you take advantage of eb2 movement.
Good luck
In general, there is an unofficial grace period of atleast a month, stretchable to 2 months based on case to case and worst comes, if a job hunt exceeds 2 months, then your new job, they may give you a h1b approval but you have to get it stamped immediately as they wont attach an i 94 with it, I have seen this happen to people.
In your case, as you already have an approved 140, you have to smartly get copies of all your documents and look for a genuine consulting company, get letterheads and keep contacts with some good friends and have them give you an experience letter and move on. You can get 3 years transfer and also retain your PD. If you qualify for eb2 in new company, then you can port eb3 PD while you take advantage of eb2 movement.
Good luck
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kokil
03-05 05:22 PM
Dear Snathan,
Please guide me in detail when you say no use. This is very imp for me to understand.
Please guide me in detail when you say no use. This is very imp for me to understand.
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talash
04-25 04:31 PM
some one help please
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gc_dreamer_485
10-09 02:14 PM
I did call the Airport Authorities stated in CBP.gov and they have confirmed that since it was not a mistake on their side and the I-94 was issued for the validity of the passport, I need to file for I-102 and the new I-94 for hte duration of my visa tenure I should send the original I-94 to the local Immigration Jurisdiction and pay them $320.00 to process this application.
Damn this Immigration. I hate it!!!!
Damn this Immigration. I hate it!!!!
bsbawa10
07-23 02:55 PM
USCIS needs to work with paper files for review/approval. RD as on your receipt is the mailroom receive date. Real receive date of a processing center is when they actually opened your file and entered in the system, which is what you see online as, "...your case was received on...". Processing centers prefer to treat this date as RD as this suites them better. In your case your true RD should be a couple of days prior to your ND. Who is responsible for the 4 months period in between when several thousand applications may have been received and entered in the system (and placed ahead of you)? Nobody.
babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".
My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
babawa10: Your case has shuffled around between centers. It was received last by TSC in Aug 08. Therefore, don't get surprized if your Real RD is now Aug 08. USCIS makes a simple claim, they process cases in order they receive them. Perhaps they are talking about the paper files, which are placed in sequence on shelves as they arrive. Check online what it now says for "...your case was received on...".
My case status online does not say anything about when it was received. It just says, "This case is now pending at the office to which it was transferred.". There is so much ambiguity at USCIS that it takes tons of reading / pulling hair just to understand what they mean. They have transferred my case three times. First of all there should be a reason for it (no reason makes it you wonder why ??) , then if they keep transferring it from one center to another, does that mean that the "received date" will be changing for ever and the case will never be processed ? I think USCIS should be accountable for that.
shirish
03-07 04:13 PM
I have heard the above from a lawyer. I think there is lot truth in the above statement.
However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.
I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.
In my case i paid for the H1B expenses (includig lawyer fees) my self , but my company re-embered the amount once i completed three months. Same with GC, i paid till now, 3500 as lawyer fees. Filling fees extra. But haven't paid any filing fee yet as i am waiting for my PD to be current. And the company is going to give me the money i paid till now back once i complete three years. After which company will pay every thing.
However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.
I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.
In my case i paid for the H1B expenses (includig lawyer fees) my self , but my company re-embered the amount once i completed three months. Same with GC, i paid till now, 3500 as lawyer fees. Filling fees extra. But haven't paid any filing fee yet as i am waiting for my PD to be current. And the company is going to give me the money i paid till now back once i complete three years. After which company will pay every thing.