pappu
12-17 05:58 PM
core members:
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.
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pappu
03-10 01:19 PM
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
gcslave
07-08 05:32 PM
Apparently, FP and approvals go in parallel. Checked my case status online, and all 3 of our cases got approved today. The status was set to Decision. I guess it won't go to card production until my wife's FP is done, or maybe my daughter and I will get the card before my wife. Waiting for the snail mail to confirm, seems like an anticlimax after waiting for so many years.
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ronnie0479
09-19 07:33 PM
How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.
Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.
Ronnie
Once you use your EAD , it mean you are forefitting your H1 , H1 is a status , u cant be in 2 status at the same time. Once the part time employer uses your EAD card to give you a job basically he has to submit that info to the INS and that will automatically invalidate your H1 status. This EAD which u received is for allowing you to work which the change of status from H1 to green card is taking place.
Ronnie
more...
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
bobzibub
11-06 02:23 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
A couple acquaintances have gone through the process. Some Australians were given a lot of grief when the person accused them of coming from Antigua or some little Island. It was obviously a typo on their part--they have obvious Aussie accents. He accused them and accused them. They didn't give and the officer gave up. Officer 0, immigrants 1.
Another woman was asked if she's planning on staging a terrorist attack. (She's French.) She said something like "If I was, would I tell you?" and then had to wait an extra year as the officer said they were done. Officer 1, immigrants 0
Remember spouses birth dates, etc.
So even if they ask idiot questions, and they probably will, don't make any jokes or anything. Be firm, formal, and polite. Behave as you wish they would.
more...
askreddy
06-18 01:05 AM
Hi
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
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sd1020
02-26 02:10 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Thank you very much.
more...
tinku01
07-10 02:07 PM
I am doing same thing for about one month but don't know what is happening. I talked to one travel agent in Mumbai and he is asking for Rs 3500 to get Hindi appointmnet. I don't know if people again started any trick to book appointments..
hair Brad Paisley - This Is Country
anil_gc
11-26 05:29 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
more...
lost_angeles
07-14 11:51 AM
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
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Krilnon
10-27 08:28 PM
Isn't this bigger than the template image?
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voldemar
04-18 10:34 PM
Poll is asking only about filing. What about people who already filed 485 and then retrogressed?
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div_bell_2003
09-18 09:13 PM
I have heard this before on other forums , too.
I believe, the USCIS CSR confused "unrestricted" SSN with a "restricted" SSN. Most people on some kind of work permit (F1,H1B, EAD) have "Eligible to work with DHS authorization" ( or something similar ) imprinted on their Social Security card ( it certainly is in my social ), and I believe people with GC/USC don't have any such thing written on their SSN ( it's purely a guess by me, I'm yet to see a GC/USC holders SS card ;) ) . So, I don't think people on work permit can work just with DL and SS card ( if they could , why would they have not done until now :confused: ? ) .
But, on the other hand, I'd like to know, if people can continue working on the EAD receipt itself ??
I believe, the USCIS CSR confused "unrestricted" SSN with a "restricted" SSN. Most people on some kind of work permit (F1,H1B, EAD) have "Eligible to work with DHS authorization" ( or something similar ) imprinted on their Social Security card ( it certainly is in my social ), and I believe people with GC/USC don't have any such thing written on their SSN ( it's purely a guess by me, I'm yet to see a GC/USC holders SS card ;) ) . So, I don't think people on work permit can work just with DL and SS card ( if they could , why would they have not done until now :confused: ? ) .
But, on the other hand, I'd like to know, if people can continue working on the EAD receipt itself ??
more...
pictures Brad Paisley
ascetic
04-28 01:17 PM
On the lighter side,
"Superman renounces his U.S. citizenship in Action Comics‘ record-breaking 900th issue. But that’s not all the benevolent alien refugee does..."
Superman Defies God, USA in Action Comics’ Landmark 900th Issue | Underwire | Wired.com (http://www.wired.com/underwire/2011/04/action-comics-900/)
and
http://www.alipac.us/article6267.html
"Superman renounces his U.S. citizenship in Action Comics‘ record-breaking 900th issue. But that’s not all the benevolent alien refugee does..."
Superman Defies God, USA in Action Comics’ Landmark 900th Issue | Underwire | Wired.com (http://www.wired.com/underwire/2011/04/action-comics-900/)
and
http://www.alipac.us/article6267.html
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tabletpc
12-01 11:35 AM
Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
more...
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h1techSlave
04-17 08:03 PM
It is not a bad idea to become a donor. I encourage both of you to become donors.
IV should keep the twitter updates restricted to only DONOR accounts and possibly another twitter account for generic updates.
Disclaimer : I dont have DONOR status
me neither though I have donated quite regularly. Well, it is upto Core to decide what to do- I guess. We can keep posting suggestions.
IV should keep the twitter updates restricted to only DONOR accounts and possibly another twitter account for generic updates.
Disclaimer : I dont have DONOR status
me neither though I have donated quite regularly. Well, it is upto Core to decide what to do- I guess. We can keep posting suggestions.
girlfriend Brad Paisley - This Is Country
GTGC
05-05 03:49 PM
Dano and Sledge_hammer,
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
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parablergh
09-09 02:38 PM
As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.
The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.
You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.
The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.
You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.
h1techSlave
10-13 09:11 AM
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
Thanks a lot cnag.
I have completed my finger printing a week back. My 485 receipt says the amount as $395. So the $70 is already included in the $395?
I think I will also get my lawyers to reply to USCIS with the proof of encashed cheque.
Thanks a lot cnag.
I have completed my finger printing a week back. My 485 receipt says the amount as $395. So the $70 is already included in the $395?
I think I will also get my lawyers to reply to USCIS with the proof of encashed cheque.
mirchiseth
06-03 08:47 PM
My last EAD and AP were filed at TSC and that is what is specified in e-file application. Now I am getting worried :confused:
Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)
Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)
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