WeShallOvercome
07-23 06:29 PM
have you used your checks for filing of application or did your employer paid for it.
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
When SC cashes your check they issue receipt and put receipt number at the back of the check. thru which you could track your case and get the status by calling service center.
and possibly asking SC to issue you another receipt...
Employers and lawyers are smart enough.
They took money from us but paid the fee with their own checks.
I don't think getting the receipt number is an issue, we can somehow get it.
I'm concerned about getting the receipt notice which i might need for applying for EAD/AP on my own.
On top of that i don't have my I-140 approval notice and I'm already in my 7th year. So if I want to invoke Ac21 after 180 days, I need either an EAD, or I-140 approval notice so I can apply for H-1 extension.....
any suggestions?
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gc101
07-20 06:01 PM
Hi,
What does 'RIP' Labor Substitution mean. Pardon my ignorance.
gc101.
What does 'RIP' Labor Substitution mean. Pardon my ignorance.
gc101.
shx
02-25 04:33 PM
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
WOW. Stealing $30 worth of stuff makes her so bad?
I wonder what stealing from an employer by leaving early from work would mean.
You are beyond hopeless.
WOW. Stealing $30 worth of stuff makes her so bad?
I wonder what stealing from an employer by leaving early from work would mean.
You are beyond hopeless.
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optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
more...
krithi
04-23 12:38 PM
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
jthomas
06-03 11:13 AM
Hi Surpreet,
Did you explore more on ARRA? Is it OK to take that benifit during AOS?
Thanks
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
Did you explore more on ARRA? Is it OK to take that benifit during AOS?
Thanks
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
more...
Maverick1
08-12 06:10 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
PIOs are allowed to work without additional VISA.
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
PIOs are allowed to work without additional VISA.
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learning01
05-11 01:21 PM
I am trying but I am getting a busy tone.
more...
ilikekilo
05-21 04:34 PM
haha....that is funny
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sixburgh
06-28 06:03 PM
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
more...
sixburgh
06-28 06:03 PM
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Thanks for your reply. It helps understand the process.
The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.
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mpgc
10-19 11:52 AM
Hi,
could you please provide me your attorney's details?
Thank you,
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
could you please provide me your attorney's details?
Thank you,
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
more...
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greencard_fever
09-03 10:25 PM
Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.
Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D
Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D
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kirupa
01-01 09:02 PM
I've updated the guidelines to reflect these two issues.
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.
glos - AS2 is fine as well :)
more...
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GCNirvana007
10-08 05:20 PM
GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
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arnet
06-14 05:13 PM
In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.
more...
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camilopino
01-08 03:34 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
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Eberth
10-21 06:26 PM
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rockstart
07-31 08:09 AM
The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.
Thanks for the response.
I have 3 year BS degree in computer science
&
3 Year MS degree in computer science. S0 total 6 years in the same field(computer).
Thanks.
Thanks for the response.
I have 3 year BS degree in computer science
&
3 Year MS degree in computer science. S0 total 6 years in the same field(computer).
Thanks.
desidude
07-22 12:12 AM
sundarpn,
I had the same questions and clarified with my attorney.
1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.
2. Yes, you can extend.
3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
I had the same questions and clarified with my attorney.
1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.
2. Yes, you can extend.
3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
venetian
07-06 03:30 PM
Thanks again for the responses.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.
Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com
MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)
An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)
An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.
An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
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