roseball
02-17 06:06 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
tinuverma
10-23 07:37 PM
yeah.....Tuscon...sorry
I live in OKC...so Tulsa comes by default.
I live in OKC...so Tulsa comes by default.
I_need_GC
10-15 09:56 AM
Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
logiclife
11-16 01:44 PM
Yes, the I94 that was attached to I797 H1 approval of your current employer(the latest H1) is the I-94 that you have to give to authorities when you go out of US to India.
Some Airports, they collect that at the baggage check-in. Some airports, they collect the I-94 right outside the plane when you are boarding the plane and get your boarding pass scanned etc. But it is your responsibility to give them the correct I-94.
About the docs required for stamping, I would talk to someone in the consulate (phone them or email them, emails are usually replied within 3-4 days). Copies are good, but original previous H1s, if required, should be with you. If you dont need originals then copies would be fine. I wouldnt rely on websites alone for such important queries. Visa stamping, if gone wrong, could get your stuck for months.
Ask your previous employers for those. Now that you have left, they should give you those as they dont have any use of them anyways. If they dont, then you can get them from the lawyer's offices. If they dont either, then you can get copies from USCIS(FOIA), though I am not sure how FOIA would work and how long would that take.
Some Airports, they collect that at the baggage check-in. Some airports, they collect the I-94 right outside the plane when you are boarding the plane and get your boarding pass scanned etc. But it is your responsibility to give them the correct I-94.
About the docs required for stamping, I would talk to someone in the consulate (phone them or email them, emails are usually replied within 3-4 days). Copies are good, but original previous H1s, if required, should be with you. If you dont need originals then copies would be fine. I wouldnt rely on websites alone for such important queries. Visa stamping, if gone wrong, could get your stuck for months.
Ask your previous employers for those. Now that you have left, they should give you those as they dont have any use of them anyways. If they dont, then you can get them from the lawyer's offices. If they dont either, then you can get copies from USCIS(FOIA), though I am not sure how FOIA would work and how long would that take.
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GCBy3000
09-29 05:20 PM
This is not at all a bad idea. Indeed very good one and also easy to send it through Amazon.
Every member should send it to their state senator and congressmen.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
Every member should send it to their state senator and congressmen.
Its just a thought,, maybe every IV member should buy this book and send it to their senator as a holiday gift..I am sure that most of these guys will not read it..but even 50% read or their staff read it, it will make an impact..
apahilaj
09-12 03:28 PM
Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
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roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
chezelleabhap
03-14 04:08 PM
Lickerish HOTHEALTH hot-health.net (http://hot-health.net) Vigorousness Talk is a assemblage of searing word composed from other on dit sites and aggregated as regards your convenience
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royus77
07-17 08:34 PM
Originally Posted by smartboy75
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
Space( memeory) is the cheapest commodity in the computing world .Grow up
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
Space( memeory) is the cheapest commodity in the computing world .Grow up
immig4me
04-29 11:09 AM
Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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karthkc
03-18 11:24 AM
How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.
Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...
Without knowing anything else, I would not venture an opinion.
rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?
Also, is your GC sponsoring employer the same as ABC?
Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...
Without knowing anything else, I would not venture an opinion.
rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?
Also, is your GC sponsoring employer the same as ABC?
Steve Mitchell
November 21st, 2005, 06:09 PM
The shots can be sharpened much better which would make all of them even more appealing.
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hpandey
03-17 02:44 PM
I was informed that without I-94 card she cannot be added to my insrurance.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.
Can anyone suggest me some good insurance I can take online/india for this kind of situation...???
Thanks
I have never seen anyone asking for an I-94 card to get your wife added to your insurance.If you are an employee going through employers insurance then they have to add you and your family to the insurance coverage without any discrimination . That is as far as I know . Maybe I could be wrong but I am pretty sure about it. You can take her insurance without she being here . I recently changed my coverage this month for myself and my family and its start date was the same day I submitted the forms and not the 1st of next month or something like that.
enthu999
09-09 04:18 PM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Until you file for 485, you don't have immigration intent, I-140 is employer application.
So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.
Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.
Thanks
Theo
Until you file for 485, you don't have immigration intent, I-140 is employer application.
So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.
Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.
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a_yaja
09-09 12:30 PM
Hello All,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.
furiouspride
02-11 04:55 PM
If I'm not mistaken, the 485 processing times for TSC are much shorter compared to NSC. My case is at the VSC which is still doing 06 applications. Is there a particular reason behind this or is it just the sheer number of applications that VSC receives?
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little_willy
05-02 12:56 PM
I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
raysaikat
06-22 10:47 AM
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
gveerab
12-30 08:57 PM
hi,
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
thanks for the reply. If its going to be a problem , i will shift to a different company. what is your suggestion to me ?
If i get a chance to move to a different company ,, do you want me to leave the current company?
waiting for your reply..
once again thanks for the response...
Thanks
Not sure about the Mexico consulate, but you will most probably face problems if you go to Chennai consulate.In case if you decided to take chance and go to Mexico, make sure that you have valid F1 visa to come back to USA. Otherwise you have to stay in Mexico :-)
If I am in your position, i will not this type of chances.
ski_dude12
10-10 03:32 PM
November's visa bulletin is a wild card. Can expect anything.
ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards