iptel
07-18 07:19 PM
:D May be we can invite Guns 'n Roses and have them sing "WELCOME TO THE JUNGLE". Just Kidding
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soorigadu2003
09-13 04:48 PM
In my case wife works in the same company which is sponsoring our GC and EAD apps .our EAD expired on Aug 13th (am on H1 still, wife on EAD). But Our laywer told us its ok to continue to work and employer didt ask us any thing so far. Still waiting for EAD. Expidite req was approved about 10 days ago, still waiting for the decision.
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
Per my lawyer, there is no written rule really that stops us working after EAD expiry,and it also depends on how employer looks at these rules and all this mess..
amenon
05-01 05:38 PM
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
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check_name
07-24 07:33 PM
thank you very much for the info.
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
more...
kanshul
02-01 10:40 AM
Client forcing you is very typical.
Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.
Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.
Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.
Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.
Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
psk79
05-28 12:29 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
more...
karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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srinivas_o
08-22 02:54 PM
Bump
more...
Macaca
07-17 11:11 AM
Here is my classic quote:
Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:
Have IV ID OR visit IV as guest.
Been visiting IV forums for 1+ month.
Have not contributed a single penny to IV. [MOST IMPORTANT]
Will benefit (and/or ARE BENEFITTING) from IV.
I wonder how you can live with yourself benefiting from the sweat of others.
Please help yourself by contributing asap.
Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:
Have IV ID OR visit IV as guest.
Been visiting IV forums for 1+ month.
Have not contributed a single penny to IV. [MOST IMPORTANT]
Will benefit (and/or ARE BENEFITTING) from IV.
I wonder how you can live with yourself benefiting from the sweat of others.
Please help yourself by contributing asap.
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vsrajesh
02-20 06:19 PM
"The new company should first apply H1 for 3 years based your current approved I-140"
Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).
It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?
If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?
Thanks
Can someone pl clarify whether a "new company" can get a H1 extension for 3years based on an approved I-140 from "current company" (after 6 years completed on H1).
It is clear that "current company" can get H1 extension for 3years based on an approved I-140 and a "new company" can transfer it, but is it possible for "new company” to get a 3 year H1 based on approved I-140?
If yes, does the “new company" have to wait for H1 quota OR it doesn't come under H1 Quota?
Thanks
more...
karanp25
07-11 03:08 PM
Dude, in a bunch of applications - some are approvable while others require more information. Do you want them to keep waiting on unapprovable applications, with old PDs, while the clock is ticking and the unused visas go waste before Oct 2008? Guess not?
That's why they advanced the PDs to give some room to approve later PD applications that are otherwise approvable. They do not have any math involved. They were playing "inky-pinky-ponky" to pick a month & yr to set EB-2 cutoff dates for Aug VB - the only logic was to advance it to a comfortable point--nothing beyond tht. They don't care about few months here and there, and don't care if they raise hopes of some immigrations or shatter hopes of others.
Is it just me missing something? Does it make sense?
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
That's why they advanced the PDs to give some room to approve later PD applications that are otherwise approvable. They do not have any math involved. They were playing "inky-pinky-ponky" to pick a month & yr to set EB-2 cutoff dates for Aug VB - the only logic was to advance it to a comfortable point--nothing beyond tht. They don't care about few months here and there, and don't care if they raise hopes of some immigrations or shatter hopes of others.
Is it just me missing something? Does it make sense?
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
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CPUWiz
12-14 11:30 AM
There have been many issues with USCIS and three year degrees from Canada, India and the UK. If you want to fight this then you have to prove that your education is equivalent to a US bachelors which many of the degrees from some countries are. You cannot use experience towards adding credits to your degree when dealing with an I-140 like you can for a H1B visa. Two years equals an Associate degree - three year bachelors programs can be (and have been) proven to equal a US bachelors.
This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.
Sheila Danzig, Director
Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (toll free voice)
1.866.585.1409 (toll free fax)
1304 SW 160th Ave. #203, Sunrise FL 33326
This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.
Sheila Danzig, Director
Career Consulting International
www.TheDegreePeople.com
1.800.771.4723 (toll free voice)
1.866.585.1409 (toll free fax)
1304 SW 160th Ave. #203, Sunrise FL 33326
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indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
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loudoggs
12-03 11:19 AM
Lazycis,
Did you inform USCIS after you invoked AC21? Thanks!
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Did you inform USCIS after you invoked AC21? Thanks!
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
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geesee_99
12-14 12:00 PM
Any more Ideas/Advise guys?
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chanduv23
03-28 06:07 AM
Not a problem. the start date on your new i 797 is always the date it was processed and approved and not the date it was applied.
If this application was processed well before your earlier h1b end date they would have given it from the next day, but as it was processed later, they gave the date it was processed.
As long as it was filed well within the timeframe and you got the reciept notice, absolutely no problem.
If this application was processed well before your earlier h1b end date they would have given it from the next day, but as it was processed later, they gave the date it was processed.
As long as it was filed well within the timeframe and you got the reciept notice, absolutely no problem.
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howzatt
07-18 10:56 AM
Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...
one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.
Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!
Can you pls help 'convince' people to contribute...
one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.
Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!
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jasmin45
07-16 07:01 PM
It was worth a try. Oh well !
Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
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prasad_2007
06-01 09:07 AM
Liaison International
(Comprehensive Coverage Plan)
All insurance or in same boat.
(Comprehensive Coverage Plan)
All insurance or in same boat.
sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
glamzon
07-19 12:56 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
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