gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
485InDreams
09-28 09:38 AM
Though he can sue you...there are more chances he won't do that ...it would be collateral.....
As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...
Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....
rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...
he will threaten you...but he won't do anything...he knows its waste of money for him ....
Best of luck...
As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...
Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....
rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...
he will threaten you...but he won't do anything...he knows its waste of money for him ....
Best of luck...
hibworker
11-04 11:02 AM
You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.
Hi,
My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying
the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.
Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).
Can some one please help me to find my case is wheather it is EB2 or EB3?
Thanks in Advance.
Hi,
My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying
the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.
Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).
Can some one please help me to find my case is wheather it is EB2 or EB3?
Thanks in Advance.
cooldudesfo
09-11 01:46 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
more...
EndlessWait
06-29 10:53 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
akhilmahajan
06-22 08:24 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
more...
immiadvise
12-30 03:11 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
needhelpASAP
04-25 06:04 PM
Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
more...
Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
greencardfever
06-16 08:25 PM
Prior to attending US University X (January 2001 to April 2004), where I got my bachelors degree from, I attended US University Y for a semester (August 2000 to December 2000). I have my I-20 from University X, but I don't have the I-20 form from University Y. Is that going to be a problem in the I-485 stage even though I attended University Y 7 years ago and only for one semester? If yes, can my University Y F1 visa on my passport and/or transcripts act as a substitute for the I-20 form?
Please let me know. Thanks.
Please let me know. Thanks.
more...
sb724
07-31 04:14 PM
Hi All,
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
AGC4ME
02-12 10:06 AM
I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.
more...
garfield_x
03-05 03:23 AM
Hi,
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
desi3933
02-25 01:08 PM
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.
Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.
__________________
Not a legal advice.
US Citizen of Indian Origin
>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.
Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.
__________________
Not a legal advice.
US Citizen of Indian Origin
more...
Rb_newsletter
09-08 10:22 PM
I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
Can EB immigrants expect something out of CIR?
Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
6. We must encourage the world�s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally
------------------------
////////////////////////
------------------------
Sixth, we need to recognize the important contribution that high-skilled immigrants have already made, and must continue to make, toward revitalizing and reinventing the American economy.
No immigration system would be worthwhile if it is unable to attract the best and brightest minds of the world to come to the United States and create jobs for Americans�as has been the case for Yahoo, Google, Intel, E-Bay, and countless other companies.
That being said, any reformed immigration system must be successful in encouraging the next Albert Einstein to emigrate permanently to the United States while, at the same time, discouraging underpaid, temporary workers from taking jobs that could and should be filled by qualified American workers.
Can EB immigrants expect something out of CIR?
Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
6. We must encourage the world�s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally
------------------------
////////////////////////
------------------------
Sixth, we need to recognize the important contribution that high-skilled immigrants have already made, and must continue to make, toward revitalizing and reinventing the American economy.
No immigration system would be worthwhile if it is unable to attract the best and brightest minds of the world to come to the United States and create jobs for Americans�as has been the case for Yahoo, Google, Intel, E-Bay, and countless other companies.
That being said, any reformed immigration system must be successful in encouraging the next Albert Einstein to emigrate permanently to the United States while, at the same time, discouraging underpaid, temporary workers from taking jobs that could and should be filled by qualified American workers.
PD_Dec2002
07-10 12:15 PM
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
more...
sidbee
04-17 06:27 AM
Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.
Also the insurance companies have different requirements which you need to confirm with them.
are u sure its 3 times?? can u please give me the link from the point where u got this information
Also the insurance companies have different requirements which you need to confirm with them.
are u sure its 3 times?? can u please give me the link from the point where u got this information
pappu
02-11 11:22 AM
Pappu,
I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
FredG
June 25th, 2006, 09:01 PM
I suspect you're in the majority, Nik. I figured the baby jogger would provide sufficient cover. :)
yogeshmanohar
09-14 11:56 PM
A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.
lazycis
01-11 11:45 AM
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
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