Mumbai_girl
12-02 11:22 AM
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
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uma001
08-13 04:33 PM
I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....
Why should India copy them? India will put a different clause
Why should India copy them? India will put a different clause
Soul
05-28 03:19 PM
I don't usually design like this! :P
- Soul :s:
- Soul :s:
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jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
more...
vdixit
04-10 08:00 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
cdeneo
04-02 10:12 PM
Related question:
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?
Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.
Would like to hear from others of what they think about this?
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
more...
anurakt
01-21 06:03 PM
This has become a trend now. Desi consultants prey on these fresh grads.
Not trying to slam anybody , but let's be focused to the thread topic i.e Orkut community joining.
Not trying to slam anybody , but let's be focused to the thread topic i.e Orkut community joining.
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smuggymba
11-09 04:02 PM
BS post. How the hell is it related to immigration. Use other websites for this.
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gc4me
07-05 09:02 PM
Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?
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txh1b
08-06 07:36 PM
hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.
1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.
1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No
more...
letstalklc
10-08 11:17 AM
Yes, there is only one queue, you go ahead and ask them for the status of your application, it's passed 15 month period.
Because of Fragomen audits the DOL audit queue is very big and after announcing dol that they will release the special audited cases to regular queue, but they did nothing as of now.
Because of Fragomen audits the DOL audit queue is very big and after announcing dol that they will release the special audited cases to regular queue, but they did nothing as of now.
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ticktoe
09-03 02:02 PM
I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
more...
house Posted by Cats~Goats~Quotes at
fromnaija
07-18 06:54 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
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ibbu_arif
11-17 03:03 PM
Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
more...
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The7zen
06-14 08:01 PM
Thank you for your inputs. I really appreciated for your help. We went to Detective office and he allowed my sister only to question. He asked couple of questions regarding that family and theft. My sister explained him that she don't know about that situation. It took about 20 minutes time there. We have below questions still remains in our mind.
1) Do we really required a Lawyer to protect?
2) I believe they should have proper information to arrest or accuse right?
3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.
After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning
Please help me in this
1) Its better to have a lawyer in these type of situations, especially if they have to record your statements.
3) Did you talk to the accuser to find out what exactly is happening and why he is suspecting your sister? BTW if you do so, just be polite and listen to what he says dont get agitated over the phone.
Good luck....
1) Do we really required a Lawyer to protect?
2) I believe they should have proper information to arrest or accuse right?
3) We know my sister is innocent but feeling insecure for being happend. so what are all the chances to again question my sister?.
After viewing your messages here, we realized it is wrong to go to Detective office but we went this morning
Please help me in this
1) Its better to have a lawyer in these type of situations, especially if they have to record your statements.
3) Did you talk to the accuser to find out what exactly is happening and why he is suspecting your sister? BTW if you do so, just be polite and listen to what he says dont get agitated over the phone.
Good luck....
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NKR
09-22 10:34 AM
Thanks NolaIndian. Looking at your profile I think I am being impatient. You deserve your GC before me, but I hope I get mine the very next day you get yours :). I am not far behind.
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webm
04-21 02:39 PM
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Normally there should be a LUD on 485 after FP is done (same day/next)..
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Normally there should be a LUD on 485 after FP is done (same day/next)..
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django.stone
02-01 03:22 PM
and congratulations!
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conchshell
11-09 08:40 PM
This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.
So learn a lesson, and when you get your GC, cut a small piece and wear it around your hips too. :D
So learn a lesson, and when you get your GC, cut a small piece and wear it around your hips too. :D
va_dude
03-09 03:01 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
kumarc123
11-06 03:34 PM
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
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