gcnirvana
06-15 12:43 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
harry potter books series. Harry Potter book series,
MARY_GC
08-24 06:52 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
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Ingerried
04-14 04:12 PM
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SpookyH1Alien
10-05 06:47 PM
I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...
That is Utpal Dutt's name in the movie Rang birange. That's one of those great comedy movies.
That is Utpal Dutt's name in the movie Rang birange. That's one of those great comedy movies.
more...
harry potter books series. Harry Potter and the Goblet of
kumar1
07-31 01:59 PM
Both same employer
What will happen if everything is same but employers are different? Please shed some light.
What will happen if everything is same but employers are different? Please shed some light.
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ronhira
09-18 06:04 PM
its not 800,000 its around 190,000 for all EB1,2,3
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)
that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)
that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....
more...
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indianabacklog
07-30 08:59 PM
The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.
Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.
Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.
I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.
Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.
Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.
I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.
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Rb_newsletter
12-15 06:03 PM
Why did you submit pay stubs for 2+ years? Is it not enough if we submit for last 3 or 6 months?
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
more...
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ndialani
11-21 04:31 AM
Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
You just walk across the border. No questions asked. Get a cab, they all know it!!!!
i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
Get the draft and walk back there. you will be required to show your passport at the bank too.
If you are in a group or couple of you. One can stand in the line and other can to to the bank.
Sprint phone works well over there at the border.
If you have an I phone.....o'well!!!
If your case is straight forward....it should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
KEY IS TO GO AS EARLY AS POSSIBLE. MAY BE 6:00am.
We did not take any permit or visa as it is within 20 mile distance.
On over way back , we got a new I-94 at homeland security office. It is very important.
any questions....feel free to PM me.
Good Luck!!!
I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.
Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?
Thanks.
I live in LA , my wife and me drove from LA to Nogales. You can fly into Phoenix and rent a car. Phoenix to Nogales is 1.5 hours only.
We stayed at Best western , which is RIGHT at the border. (Nogales,Arizona).It is owned my an Indian, he was very helpful. Most of the people end up staying there. Dont bring your car to other side. We call the cab at 7 in the morning. I guess he only charged like $7-8 dollars. Its only 1 mile.
You just walk across the border. No questions asked. Get a cab, they all know it!!!!
i guess we paid $10-12 dollars . He will take you to BANAMAX bank which is walking distance from the US embassy. Try to be the first one. They only accept CASH(Dollars).;
Get the draft and walk back there. you will be required to show your passport at the bank too.
If you are in a group or couple of you. One can stand in the line and other can to to the bank.
Sprint phone works well over there at the border.
If you have an I phone.....o'well!!!
If your case is straight forward....it should not be a problem. They will tell you , to pick up your stamped passport in the evening, or if not ready ...the next day. But dont worry....99.9% everyone gets it the same day.
If by any chance you get rejected. you can plee to homeland security office at the border . if your visa is not expired , they might let you slip back in to US. If not, you will have to go to Mexico City to fly back to India. I only know , one such case.
KEY IS TO GO AS EARLY AS POSSIBLE. MAY BE 6:00am.
We did not take any permit or visa as it is within 20 mile distance.
On over way back , we got a new I-94 at homeland security office. It is very important.
any questions....feel free to PM me.
Good Luck!!!
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meridiani.planum
11-03 01:50 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.
P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.
P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.
more...
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thescadaman
12-16 10:43 AM
If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.
The last 6 months of "no-license replacement" is making me very anxious.
The last 6 months of "no-license replacement" is making me very anxious.
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babu123
06-28 03:54 PM
I work in VA. Can we send the I-485 filing documents to TX now.
Or we need to send to Nebrasa only?
Or we need to send to Nebrasa only?
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ronhira
04-26 07:44 PM
this is how cir will end..... with a procedural vote -
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
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help43
09-10 09:02 PM
I Have H1-B Approval but I dont have I94 with it.
Actually my H1-B valid from October 1st.
I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).
Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.
My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.
Please help me out what do i need to
1) Which Country i need to go?(Canada, INDIA or Mexico)
2) What documents i need to take?
Actually my H1-B valid from October 1st.
I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).
Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.
My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.
Please help me out what do i need to
1) Which Country i need to go?(Canada, INDIA or Mexico)
2) What documents i need to take?
more...
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gcformeornot
08-08 04:25 PM
there already a big thread on this subject. Its right there on IV Homepage
http://immigrationvoice.org/forum/showthread.php?t=12135
Please refrain from creating threads for such matters. It adds confusion.
http://immigrationvoice.org/forum/showthread.php?t=12135
Please refrain from creating threads for such matters. It adds confusion.
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justAnotherFile
07-11 09:18 PM
this is not a published article.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.
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GC_ASP
07-20 08:25 AM
You don't need any support from your ex-employer for your wife's 485. But you need your 485 receipt for this along with the affidavit and marriage certificate.
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Maverick1
08-13 11:17 AM
OCI's can work without visa. ALL PIO's are eligible for OCI.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
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dpsg
03-25 03:03 AM
eb3_nepa,
We should point the advantages of immigration of high-skilled professionals,
and build a parallel source of information with "real research"... Our site
should have even the reports which show immigration in negative light as
long as they are from reputable impartial organizations.
Again we can win good deal for us by not fighting idealoges as logiclife
pointed, But By putting forward a constructive ROI for immigration
without bias.
<< I used ROI term.. as It is most common, Although in most cases US do no investment on immigrant which becomes
productive as soon as he/she lands..>>
********
had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
We should point the advantages of immigration of high-skilled professionals,
and build a parallel source of information with "real research"... Our site
should have even the reports which show immigration in negative light as
long as they are from reputable impartial organizations.
Again we can win good deal for us by not fighting idealoges as logiclife
pointed, But By putting forward a constructive ROI for immigration
without bias.
<< I used ROI term.. as It is most common, Although in most cases US do no investment on immigrant which becomes
productive as soon as he/she lands..>>
********
had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
yabadaba
08-14 01:02 PM
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
santosh19
10-09 06:25 PM
Got to the forums menu and select I-485 reciept tracker and you will find that you are not the only one sailing. There are bunch of July 2nd filers who have not got their reciepts yet to start with. I am one among them . Filed on July 2nd no activity yet, no checks cashed .
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