resident1374
01-29 10:54 AM
Thank you for your reply!
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
My H1B is with the same employer for whom I have been authorized to work. I have never changed employers - have been with the same employer since 2002. My current H1B is valid till May 2011.
Well, hopefully my AOS will be approved.
Can you please tell how long should I wait before contacting USCIS (Infopass) with regards to the status of my case? 30 days? 45 days?
In case this get denied - should I refile or appeal? The IO had told me that I can re-file if it gets denied due to abandonment. Will re-filing create any problems?
Again, thanks a lot for taking time and replying to my earlier question!
Thomson
reachinus
07-14 12:33 PM
Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.
I do agree.
I do agree.
nkavjs
09-25 02:17 PM
I would love the sound of it.. sit at home.. But what shd I answer to USCIs at the time of EAD renewal or RFE, about working less hours.. Does any law protect situations like us..like new baby law.. or over-stressed employee law.. or something...
cucubau
10-17 02:11 AM
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
Thanks!
more...
pappu
07-14 04:55 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
Thanks Paskal for letting everyone know the update. IV was a co-signatory with other medical advocacy groups to the letter for pushing Physician's provisions. Please contact Paskal if you wish to join the effort.
There are lot of doctors who are unaware about this and what they can do together to end their long wait. I have met some of them myself and talked about IV and its efforts for doctors. They joined IV effort but the doctor community by and large is still unaware of this effort and scattered.
kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
more...
RadioactveChimp
04-16 01:42 AM
ok seriously guys...this is kinda pissing me off in a funny way
I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?
does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it
sorry for ranting on your thread sparky :ne:
-Dean
I mean COME ON! Xbox stamps? Gradient stamps? American flag stamps?
does originality exist anymore? I mean they don't have to amazing pieces of artwork, but at least put some though into it
sorry for ranting on your thread sparky :ne:
-Dean
pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
more...
lazycis
01-30 12:14 PM
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
mmanurker
10-06 04:32 PM
We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.
PD: Feb 14, 2005.
I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?
Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:
Please help! :(
yes, this happened with me as well...In last 10 days I have regular updates on my 485
Initially filed at TSC--->Transferred to VSC then back to TSC and then again to Nebraska and today they transferred to a USCIS office(i guess it means to a local office, Now I am guessing they might ask me to appear in-person at their local office.)..very strange. as u can see I am in EB3 and my 140 is also not approved...
PD: Feb 14, 2005.
I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?
Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:
Please help! :(
yes, this happened with me as well...In last 10 days I have regular updates on my 485
Initially filed at TSC--->Transferred to VSC then back to TSC and then again to Nebraska and today they transferred to a USCIS office(i guess it means to a local office, Now I am guessing they might ask me to appear in-person at their local office.)..very strange. as u can see I am in EB3 and my 140 is also not approved...
more...
trojan
05-02 03:23 PM
There are several things that can save you a bit!
You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
You can also take loan on your existing car for close to 5%.
I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.
You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
You can also take loan on your existing car for close to 5%.
I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.
InLineOnLine
03-12 02:53 PM
Hi Meridian,
let me know how to give you green I can do that for you.
let me know how to give you green I can do that for you.
more...
morchu
05-04 12:21 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
solaris27
08-15 09:50 AM
in which reagion u belong ..
more...
claudio
01-14 12:38 AM
Thanks :)
willigetgc?
09-24 10:33 AM
Charles Gonzalez of TX are talking about slapping the wrist of the employers who are employing illegals as opposed to putting them in prison....
more...
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
usgc07
02-15 09:23 AM
Hi,
My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.
Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.
or
he might issue the H1B visa because it is a dual intent visa.
So what's the chances of her getting the H1B visa.
Thanks
My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.
Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.
or
he might issue the H1B visa because it is a dual intent visa.
So what's the chances of her getting the H1B visa.
Thanks
tiredofh1bfraud
10-20 09:41 PM
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
krishmunn
02-15 12:53 PM
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.
OP Inquired about the process does not mean that he is Involved in the process.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.
OP Inquired about the process does not mean that he is Involved in the process.
vedicman
10-28 12:53 PM
Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)
America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.
what visa are these legal immigrants coming on?
Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.
The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!
America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.
what visa are these legal immigrants coming on?
Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.
The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!
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