RNGC
02-05 04:41 PM
My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
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indianindian2006
08-28 02:06 PM
Link not working.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
Here is what he wrote and later removed his posting....
Originally Posted by venkat80
FYI - U.S. Department of State (DOS) indicated today that EB-2 visa numbers for India and China for the current fiscal year were exhausted on August 21, 2008. However, USCIS has not announced plans to cease accepting AOS applications with a current priority date in the EB-2 category for India and China. Further, the DOS has not stated whether it will issue a revised September Visa Bulletin. Our understanding at this time is that the August and September Visa Bulletins stand and USCIS will continue to accept cases pursuant to the September Visa Bulletin through September. Fragomen will continue to monitor DOS and USCIS activity on this issue and will update you with any new information as it is released
Originally Posted by venkat80
It is internal mail.
morchu
05-05 12:16 PM
The key is "same or similar" employment. Wage, Location etc can be different.
Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Having a huge difference in wage (higher/lower), might need a good explanation, since a huge difference can point to question on the "same/similar" behavior of the new job.
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
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chris
08-15 03:10 AM
My PD is Mar 2003. Filed in June 2007.:mad::mad:
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.
more...
fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
newbie2020
11-26 05:15 PM
BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
more...
imh1b
04-21 04:27 PM
Sometimes you will be ridiculed when you care but care anyway.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.
Mother Theresa
I comend those who donated.
People accepting money are not Mother Teresa or Registered Charity. In this country all kinds of people call you, email you and ask you for money for all kinds of reasons. Greed happens in tragic events too. Do not expect everyone in this world to have a pure heart. This case is genuine but we need better management and disclosure on their website. This is a least you can expect from educated University Students.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.
Mother Theresa
I comend those who donated.
People accepting money are not Mother Teresa or Registered Charity. In this country all kinds of people call you, email you and ask you for money for all kinds of reasons. Greed happens in tragic events too. Do not expect everyone in this world to have a pure heart. This case is genuine but we need better management and disclosure on their website. This is a least you can expect from educated University Students.
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mhathi
04-15 11:59 AM
I had the same problem.
You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:
put '0' for wife's AGI and e-file.
IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.
(turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.
Thats it!
You can always paper file. That will solve the issue. If you want to E-file, here's how I did it with Trubotax:
put '0' for wife's AGI and e-file.
IRS will respond saying that last year's AGI and ur answer does not match. You have to send in form 8453-OL to sign your return. This means that your return is conditionally accepted, but you MUST mail the signature form for it to be complete.
(turbotax will provide you the form). Print it out, fill it and sign (you and spouse) and send it in.
Thats it!
more...
pappu
04-10 12:16 PM
Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...
We are fixing all the bugs. If you find any bug do report to us in PM. If you want a feature to be added, send us a PM.
We are fixing all the bugs. If you find any bug do report to us in PM. If you want a feature to be added, send us a PM.
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vaishnavilakshmi
09-27 12:55 PM
Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Hi,
We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.
Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.
goodluck,
vaishu
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Hi,
We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.
Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.
goodluck,
vaishu
more...
Sachin_Stock
02-02 10:00 PM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
I would appreciate it if you can answer to my specific question. :)
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martinvisalaw
09-09 10:02 PM
CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
more...
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mariner5555
04-04 06:59 AM
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by postal mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
anybody with answer to the above ?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by postal mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
anybody with answer to the above ?
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veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
more...
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clockwork
07-06 10:53 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
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subba
01-04 04:06 PM
I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
Hopefully all these new memebers will be active participants and donors.
Hopefully all these new memebers will be active participants and donors.
more...
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minimalist
09-16 04:34 PM
about so much uproar and fighting about not letting illegal immigrants have healthcare.
Dems even explicitly stated in the bill that no illegals will be eligible for the benefit.
They must be laughing inside because after the CIR, there will be not many illegals left.
Anyway just an observation.
Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.
So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )
That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
Dems even explicitly stated in the bill that no illegals will be eligible for the benefit.
They must be laughing inside because after the CIR, there will be not many illegals left.
Anyway just an observation.
Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.
So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )
That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
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vallabhu
02-20 10:11 PM
I live in ATL, Count me in.
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deecha
06-18 02:02 AM
Hi,
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
bhatt
02-06 05:36 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
- I am not sure about the 2nd Question.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
- I am not sure about the 2nd Question.
sandeepk_c
06-12 12:13 PM
thanks.
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