nat23
07-12 09:23 AM
bumping up
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
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kanshul
01-28 09:57 AM
You should not have any problem. Your status is "AOS" which depends purely on unadjudicated 485 applicaion.
You only need AP if you have to travel to US so you will not ahve any problems.
On the practical side though it is *ALWAYS* advisable to have AP ready in case of an emergency.
You only need AP if you have to travel to US so you will not ahve any problems.
On the practical side though it is *ALWAYS* advisable to have AP ready in case of an emergency.
go_guy123
06-18 10:21 AM
If they'd only "fix" the Social Security Card to be more secure, I'm sure you'd reduce much of the illegal employment. the way the SS card is designed right now, anyone could print out as many of these on his home printer.
It was in 1986 amnesty bill where they added the employment verification requirement. However due to lobby pressure etc they kept the rule loose where employer is just supposed to ask and see but not required to do its investigation to find that they are genuine or fake. So it operated as a "Dont ask Dont tell" where they will simply accept the fake ssn , gc knowing fully well that they are fake.
In fact there have been cases where Tyson managers actually arranged middlemen to newly arrived illegals to provide them with the fake documents so that Tyson could hire them.
At the end of the day lots of labor intensive industries like agriculture is heavily dependent on illegal labor which is cheap. eliminating low cost illegals will make them nonviable.
After all Tom Tancredo also hired illegal to remodel his basement.
It was in 1986 amnesty bill where they added the employment verification requirement. However due to lobby pressure etc they kept the rule loose where employer is just supposed to ask and see but not required to do its investigation to find that they are genuine or fake. So it operated as a "Dont ask Dont tell" where they will simply accept the fake ssn , gc knowing fully well that they are fake.
In fact there have been cases where Tyson managers actually arranged middlemen to newly arrived illegals to provide them with the fake documents so that Tyson could hire them.
At the end of the day lots of labor intensive industries like agriculture is heavily dependent on illegal labor which is cheap. eliminating low cost illegals will make them nonviable.
After all Tom Tancredo also hired illegal to remodel his basement.
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vikasgarg24
07-12 10:09 AM
I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them
more...
flash.stoffer
08-06 05:37 PM
Thanks... ;)
I just used 10 mins or soo... :P
I just used 10 mins or soo... :P
raj3078
08-27 12:32 PM
You can claim UI... I used the benefit earlier and the UI office was very helpful. It is insurance and a public burden. It would not be held against you in AOS adjustment. But again, I am not a lawyer so my opinion is strictly mine and should not be considered as legal opinion.....
more...
vishnoiravi
09-08 05:24 AM
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
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WFGC2006
04-13 04:54 PM
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
more...
mnq1979
12-18 10:33 AM
Hello,
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any questions....it was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any questions....it was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!
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good idea
04-20 04:02 PM
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Thanks...
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different chanels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
Thanks...
But it is worth. You will get a decision (with RFE response on its way) within a month.
thanks...
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Thanks...
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different chanels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
Thanks...
But it is worth. You will get a decision (with RFE response on its way) within a month.
thanks...
more...
hibworker
05-07 01:55 PM
The job does not need to require Masters degree. Unlike Greencard filing under EB2 vs EB3 it is not any harder to get H1 under Masters quota, all you need is Masters from accredited univ. You need to figure out what the RFE is for.
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anilsal
10-16 06:17 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
I am sure you have not updated your profile. Ha Ha!!!
800k will make majority jumping and fighting.
what is real number again??
I am sure you have not updated your profile. Ha Ha!!!
more...
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sbabunle
08-22 06:58 PM
http://www.competeamerica.org/economy/experts/index.html
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tinamatthew
07-18 03:50 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
more...
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gc_aspirant_prasad
11-14 08:00 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
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vselvam
12-04 01:30 PM
July�07 filer - H1-B renewal after filing I-485 (12th Year)
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
more...
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eilsoe
04-18 04:08 AM
nice.. psychedelic :crazy:
you forgot the price though ;)
you forgot the price though ;)
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sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
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rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
Vish
10-11 06:02 PM
On Monday USCIS was showing that my EAD card has been ordered and today it changed to Approval notice sent....
What is the difference between these two, anyone?
I know both of them sound like music to my ears but want to know WHEN exactly should I be expecting the actual EAD...
Thanks in advance.
What is the difference between these two, anyone?
I know both of them sound like music to my ears but want to know WHEN exactly should I be expecting the actual EAD...
Thanks in advance.
nixstor
09-02 05:45 PM
Great! Thanks for updating every one.
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