ramaonline
07-15 02:10 PM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
xbohdpukc
03-06 06:29 AM
Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.
Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.
They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.
What a mess 180% fees increase on most of the applications?
I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.
Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.
They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.
What a mess 180% fees increase on most of the applications?
I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.
pappu
04-27 09:38 AM
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
brad_sk2
09-26 12:30 PM
How long does it take to get EAD card by post after Finger printing is done?
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
more...
sandy_anand
01-24 09:38 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
freddy22
07-20 07:24 AM
my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?
more...
gc_peshwa
04-14 12:21 PM
Lets signup for our Freedom...its FREE!
new_phd
06-15 04:05 PM
Congrats RLNY122004! Dont forget IV!
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
more...
kumar1
10-06 01:15 PM
USCIS has always been unpredictable. Stupid USCIS approved Mohammed Atta's VISA extension after he shoved the whole airplane in World Trade Tower. So all of us know, what USCIS is capable of doing. I would go to an extent that you can even remain unemployed after 180 days of I-485. You do not even have the burden to be employed all the time.
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
kamal
08-04 03:47 PM
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
more...
pappu
04-10 02:19 PM
Please keep sending all bugs and requested features in a PM.
A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better
A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better
hydboy77
06-22 07:19 PM
good one. Here is the schedule for USCIS
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
more...
rsdang
07-23 10:44 AM
I am a July filer as well and have a ton of friends in same boat... This is the first I heard of it.
philly2004
08-26 12:55 PM
Bluez25:
Congratulations on your successfull interview.
Can you share what form of marriage certificate you produced.
I had my interview last week and the Mumbai consulate was not ready to accept the certificate that was given to us by office of registrar.
They asked for a 'Memorandum of Marriage' which seem to be what married couples get in Maharashtra and Gujarat. I was married in M.P. and never received such a document.
Marriage invitation, photos etc. were not acceptable to the immigration officer at Mumbai.
your input will be very helpful.
Congratulations on your successfull interview.
Can you share what form of marriage certificate you produced.
I had my interview last week and the Mumbai consulate was not ready to accept the certificate that was given to us by office of registrar.
They asked for a 'Memorandum of Marriage' which seem to be what married couples get in Maharashtra and Gujarat. I was married in M.P. and never received such a document.
Marriage invitation, photos etc. were not acceptable to the immigration officer at Mumbai.
your input will be very helpful.
more...
morchu
07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
delax
08-06 11:59 AM
It is EB2, labor approval date is my PD - No idea, why profile does not show up.
Wow! Another 2006 approval. Congrats!
Wow! Another 2006 approval. Congrats!
more...
mrajatish
05-25 08:47 AM
Called Sen. Bingaman, Chuck Hagel's office - talked nicely to staff and explained. Wife is also calling - let us do this, folks, do you want to wait another 12 years while your gardenere gets his/her greencard. Wake up or sleep forever.
a1b2c3
12-19 02:28 PM
Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
walking_dude
10-31 02:48 PM
Everyone,
Please provide your First Name, Last Name, Telephone Number, E-mail id (Yahoo). We will call you and let you in ( requests without Telephone numbers will not be approved)
Here's the link to MI Chapter Yahoo group
http://groups.yahoo.com/group/ivmi
We can end this GC mess Together
Please provide your First Name, Last Name, Telephone Number, E-mail id (Yahoo). We will call you and let you in ( requests without Telephone numbers will not be approved)
Here's the link to MI Chapter Yahoo group
http://groups.yahoo.com/group/ivmi
We can end this GC mess Together
TeddyKoochu
06-25 03:47 PM
Are the locations of your employer and client in the same city, otherwise the LCA submitted at the time of H1B extension becomes inconsistent. I believe your best bet is to file a new H1 if possible, MTR likely looks difficult as your current situation is different from what was petitioned. New H1 being approved may also depend on how big your company is internal project to them for consulting companies to them is synonymous with bench. All the best I believe you need a qualified attorney to assist you.
sunny1000
11-08 03:55 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):
Carry the Following Documents with You
Bring the following documents to your scheduled interview:
A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.
Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt
In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.
Note: Please obtain a new passport prior to your interview if:
- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or
- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.
U.S. visas cannot be placed in damaged passports.
If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:
Plus
I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers
First time applicants may consider submitting the following documents:
Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report
The Consulate will not accept documents received directly from the company by mail or fax.
If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.
All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.
Good luck with the stamping and God bless.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Also, I heard that they are asking for letter from the client that you are working, on the client letterhead with info like contract duration etc. You can search the forum. This is what I found at the chennai consulate website (http://chennai.usconsulate.gov/h1bvisas.html):
Carry the Following Documents with You
Bring the following documents to your scheduled interview:
A passport valid as of the date of entry into the U.S. (Persons whose passports which will expire in less than 6 months after their entry into the United States should renew their passports before applying for a visa.) We recommend bringing your previous passports as well.
Your confirmation page (printed on a laser printer).
Appointment letter
HDFC Bank fee receipt
In addition, if you are applying for a petition-based visa (H, L, F, J, M, R visas) should also bring petition-related documents.
One recent (within the past six months) passport size photograph 50mm X 50mm (2" x 2") with a white or off-white background.
Note: Please obtain a new passport prior to your interview if:
- The film on the biographic data pages of your passport (i.e., page with your photo and back page with your parents' information) is separating from the pages in your passport, or
- Your passport is otherwise torn, damaged, mutilated or has been washed or laundered.
U.S. visas cannot be placed in damaged passports.
If you are applying for an H-1B visa, you need to present all the required documents (highlighted in BLUE above) for any non-immigrant visa:
Plus
I-797 - the original notice of approval,
The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
The originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required) Letter from petitioning employer confirming employer's intent to hire the applicant
Original, plus one copy, of your work experience letters from your previous employers
First time applicants may consider submitting the following documents:
Pay slips from current or most recent place of employment
Names and current phone numbers of the personnel managers at the applicant's present and past jobs
Photographs of the inside and outside of current or most recent employer's place of business
Names and contact information of two co-workers from your current or most recent place of employment
Names and contact information of two co-workers from past jobs
A complete resume/bio-data and cover letter describing current job duties in detail
Personal bank records for the last six months
US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report
The Consulate will not accept documents received directly from the company by mail or fax.
If you are currently working in the US on an H1B visa, please submit your pay slips for the current calendar year and your federal tax returns (IRS Form 1040 and W-2) for all years in which you were employed in the US.
All H-1B applicants are requested to bring one extra photocopy of any original documents they presented with their application package that they wish to be returned.
Good luck with the stamping and God bless.
No comments:
Post a Comment