pointlesswait
01-23 10:19 AM
am in too!
we should have a meeting once in a while!! lets meet ASAP!!! and chart out a plan of action!
we should have a meeting once in a while!! lets meet ASAP!!! and chart out a plan of action!
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Macaca
01-25 06:12 PM
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt).
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
webm
11-19 11:09 AM
If you consider waiting from Feb 2005 is too long, then what you would say for those guys stuck still in BEC from 1999
I agree with you...
I agree with you...
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SGP
03-31 01:55 PM
Done
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�.
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread").
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�.
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread").
more...
jthomas
03-17 10:48 PM
I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
yabadaba
07-17 08:44 AM
primary care physician....so that insurance covers it.
more...
nogc_noproblem
05-12 01:59 PM
I have infact created a new thread sometime back specifically for EAD and AP direct filing address details.
http://immigrationvoice.org/forum/showthread.php?t=18959
http://immigrationvoice.org/forum/showthread.php?t=18959
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sohilbt
07-07 03:55 PM
I too received EVL RFE...however, my lawyer created the letter w/o any reference to AC21...except saying that my duties remains more than X ( > 50 or more)% same as compared to one filed in I-140 application and salary remains above required level.
I had discuss this with HR before joining new position...they had no problem with it.
I had discuss this with HR before joining new position...they had no problem with it.
more...
diptam
10-16 12:38 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
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nrk
07-10 07:59 AM
usually either it is on 10th or on the friday.
Monday
Monday
more...
asdcrajnet
10-17 09:17 AM
I don't think it is true. My lawyer said using AP will not invalidate H1B.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
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Redeye
08-13 06:25 PM
I have US Masters and my job requires EB3 classification. I am a honors student with full scholarship ( for people who think having a masters makes them special).
I am willing to go to DC and talk to lawmakers. I am ok with the wait but there should be some movement.
Thanks
I am willing to go to DC and talk to lawmakers. I am ok with the wait but there should be some movement.
Thanks
more...
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learning01
05-26 07:56 AM
28.
16 Republicans and 12 Democrats.
Here is the Chicago Tribune editorial on the Senate CIR bill.
The Senate's better vision
Published May 26, 2006
.............
The Senate on a 62-36 vote Thursday approved a far better plan.
...................
This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
..................
Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.
Copyright � 2006, Chicago Tribune
LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
16 Republicans and 12 Democrats.
Here is the Chicago Tribune editorial on the Senate CIR bill.
The Senate's better vision
Published May 26, 2006
.............
The Senate on a 62-36 vote Thursday approved a far better plan.
...................
This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
..................
Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.
Copyright � 2006, Chicago Tribune
LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
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gcformeornot
01-07 03:04 PM
its bad for everyone. Imagin what it will do to job market. Those many people looking for jobs..... same time......
more...
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H1B-GC
08-29 10:54 AM
This is a Tricky situation.you need Medical leave for your child but 4 months is a bit too long. Pls.contact your Attorney about the consequences of taking 4 Months leave on H1B visa.make sure your HR provides you with all the Paper work that your Attorney might ask to substantiate your leave.
My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
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kris04
07-10 01:58 AM
Anyone who had good knowledge of AC21 same/similar, please reply.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
more...
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nj_jcarter
05-16 11:19 PM
very cool DJ. Keepin' the levels up as usual. I await the return volley.
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Desy
10-07 02:39 PM
Hi Friends,
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
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gcdreamer05
11-13 02:08 PM
There were many laid off threads similar to this one,
http://immigrationvoice.org/forum/showthread.php?t=22400
If the person is willing he can help.
http://immigrationvoice.org/forum/showthread.php?t=22400
If the person is willing he can help.
va_labor2002
06-22 03:29 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Any comments from IV Core Team ? Can we contact Indian Ambassador to arrange a meeting with the minister ? is it possible ?
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Any comments from IV Core Team ? Can we contact Indian Ambassador to arrange a meeting with the minister ? is it possible ?
GotGC??
05-17 07:30 PM
I was in a similar, but slightly different, situation. I got my 3 year extension while my previous extension was still valid (a couple of days left).
So at the POE, the officer gave me on the I-94 a date that was 3 years from the date of entry (that's the max their system was designed to handle) and said that since I have the visa on the passport, the next time I reenter I would get the later date on the I-94.
Thanks fromnaija!
I just wanted to confirm this is possible and if somebody has any experience in doing this.
So at the POE, the officer gave me on the I-94 a date that was 3 years from the date of entry (that's the max their system was designed to handle) and said that since I have the visa on the passport, the next time I reenter I would get the later date on the I-94.
Thanks fromnaija!
I just wanted to confirm this is possible and if somebody has any experience in doing this.