add78
08-20 12:48 PM
Here are the answers -
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
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qplearn
11-16 02:06 PM
He hates Illegals and not legal immigrants. I almost have heard him everyday going back home from work and all the time I have heard him saying there are people who legallly coming here for work that he supports. He always has been against "Amnesty" to Illegal Immigrants.
It may be worth a try. Its up to you seniors if you feel its not worth it.
I am not senior in any way; seniority is based on the number of posts. I just expressed my opinion. He is certainly better than people like Lou.
It may be worth a try. Its up to you seniors if you feel its not worth it.
I am not senior in any way; seniority is based on the number of posts. I just expressed my opinion. He is certainly better than people like Lou.
santb1975
06-17 03:17 PM
We really need to call
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485Mbe4001
03-08 06:39 PM
Can we take the following decision. (this question is for the regular members who reply to peoples queries)
Questions that ask for any help or suggestion will be answered only if the persons signature mentions that they have contributed.
People who dont want to contribute can go to elsewhere and ask questions
With total contributions < 20% (may be lower) then Payton Boggs fees (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) and repeated requests to focus on financial contributions, $0 contributing members continue (with utter dis-regard to financial contributions) to post in IV forums.
There is a member with $0 contributions but 239 posts (often non-english) containing utter nonsense. My dog can post 100 posts and become a senior member. However, my dog will be less shameless so as to avoid misusing someone's scarse resources.
We have 97% (of 9,000) members who can not pay $20. This is when Aman has spent 30-40K and core members have spent in K's.
The Skilled tag of IV members is only for Labor Certification. Shame on all financially non-contributing members and non-members who continue to hang here.
How dare you find IV only when you have a question?
How dare you get depressed and frustated on IV forums?
How dare you continue discussing unrelated issues when we don't have finances for Patton Boggs?
Questions that ask for any help or suggestion will be answered only if the persons signature mentions that they have contributed.
People who dont want to contribute can go to elsewhere and ask questions
With total contributions < 20% (may be lower) then Payton Boggs fees (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) and repeated requests to focus on financial contributions, $0 contributing members continue (with utter dis-regard to financial contributions) to post in IV forums.
There is a member with $0 contributions but 239 posts (often non-english) containing utter nonsense. My dog can post 100 posts and become a senior member. However, my dog will be less shameless so as to avoid misusing someone's scarse resources.
We have 97% (of 9,000) members who can not pay $20. This is when Aman has spent 30-40K and core members have spent in K's.
The Skilled tag of IV members is only for Labor Certification. Shame on all financially non-contributing members and non-members who continue to hang here.
How dare you find IV only when you have a question?
How dare you get depressed and frustated on IV forums?
How dare you continue discussing unrelated issues when we don't have finances for Patton Boggs?
more...
hpandey
10-03 11:48 AM
Did anyone notice that GCTest's only interest was to start a fight between EB2 and EB3 folks.
See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .
United we stand and divided we fall. This is true since life started and will be true until the end of time.
See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .
United we stand and divided we fall. This is true since life started and will be true until the end of time.
whatamidoinghere
02-11 03:47 PM
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
It says "not required by other classes". In this case it is required but could not be applied to EB2 due to per country numerical limits. Therefore it should go to unused pool of visas followed by AC21. Also why will USCIS prefer EB3 instead of EB2 people? It does not make sense.
As far as suing the govt is concerned we all know what happened to doctors in the UK.. so this is will be a futile exercise.
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
It says "not required by other classes". In this case it is required but could not be applied to EB2 due to per country numerical limits. Therefore it should go to unused pool of visas followed by AC21. Also why will USCIS prefer EB3 instead of EB2 people? It does not make sense.
As far as suing the govt is concerned we all know what happened to doctors in the UK.. so this is will be a futile exercise.
more...
kevinkris
12-03 06:13 PM
Hi Abhijitp,
I already did a one time contribution of 100$. But they are saying about recurring small contributions.
You didn't get my point. I was saying there is no way any user can donate 10$/ month in recurring way..
Let me know so that i can explain again in detail.
Thanks,
Kris
Why wait? Why not donate NOW whatever your promised amount is for 6 months?
I already did a one time contribution of 100$. But they are saying about recurring small contributions.
You didn't get my point. I was saying there is no way any user can donate 10$/ month in recurring way..
Let me know so that i can explain again in detail.
Thanks,
Kris
Why wait? Why not donate NOW whatever your promised amount is for 6 months?
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AuntyDan
02-12 08:13 PM
I am in eb3 row, have a job waiting for me in the usa, but i am in england, Have a PD of june 06, am terrified that my job offer will be withdrawn if i dont make some progress soon. Have had job offer for 1 year this week.
Could EB3 row become current soon.??
You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)
Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):
My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.
IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.
IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)
So some (hopefully) practical advice:
1) If you can get an H-1B now then do so
2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.
3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!
HTH, GL.
Could EB3 row become current soon.??
You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)
Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):
My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.
IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.
IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)
So some (hopefully) practical advice:
1) If you can get an H-1B now then do so
2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.
3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!
HTH, GL.
more...
anandrajesh
02-13 01:55 PM
Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.
Like it or not i am becoming a big fan of your posts. There is more logic to your life than ppl who question you and ur Core Team's Selfless efforts.
Lot of ppl do overlook that this is a grassroots organization with severe limitations. Those who sling mud at these ppl, If you cant appreciate what the core does, pls dont curse them. It is not for your or our Good.
My only worry is that these CORE members get discouraged with numerous flaming posts and drop out of this noble cause.
If that happens there will be nobody to work for us. :(
Like it or not i am becoming a big fan of your posts. There is more logic to your life than ppl who question you and ur Core Team's Selfless efforts.
Lot of ppl do overlook that this is a grassroots organization with severe limitations. Those who sling mud at these ppl, If you cant appreciate what the core does, pls dont curse them. It is not for your or our Good.
My only worry is that these CORE members get discouraged with numerous flaming posts and drop out of this noble cause.
If that happens there will be nobody to work for us. :(
hair 2011-01-28T12:29:05
chanduv23
03-31 07:54 AM
Received one today.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
Weirdest thing:
Person's 140 was revoked by employer;
person received notice of intent to deny. NOID clearly stated that 140 was revoked by employer then quoted ac21 law and said beneficiary may be eligible and to give job offer letter.
person responded with letter from new ac21 employer with perfectly matching job duties/descriptions.
uscis sent denial. Denial only stated that 140 was revoked and 140 immigrant petition is needed to get greencard.
Don't know if this is a new procedure that they are following the main law where a valied 140 is needed the whole time.
So do you think they are going after AC21 folks as a scapegoat? I spoke to few people on this including lawyers and they say that "denials on 485" when 140 gets revoked is a common thing and usually the officer who issues the denial letter does not check and verify to see other details. Thats why they have to go through the MTR process.
more...
newuser
12-23 10:51 AM
Posted my story too
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sc3
09-17 01:46 PM
People walking in... if there is a 3PM deadline.. they are cutting it very close here.
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indianindian2006
03-13 01:16 PM
Does any one know what the EX and FX categories mean?
employment and family
employment and family
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NKR
08-26 09:02 AM
another common tactic is to bounce checks on pretext that signature on check does not match that on signature card.
one more is to freeze the accoutn for inactivity > 90 days.
I have been victim on more than 1 occasion for each of above tactics. Each time its annoyance ( writing letter. nothing gets done online), fees charged and increased blood pressure.
Unfortunately switching costs are high due to time taken to open new accounts and there is no guarantee that others are any better.
You are right. I was also a victim of account being frozen. It is really frustrating to see that your account has been frozen when you have to urgently send money. They do not even notify the customers before the account is frozen.
The replies that you get for your questions are standard replies or something which does not answer your questions. You have to go back and forth a couple of times to get your job done.
Glad to know that they are not a monopoly now and customers have more choices.
one more is to freeze the accoutn for inactivity > 90 days.
I have been victim on more than 1 occasion for each of above tactics. Each time its annoyance ( writing letter. nothing gets done online), fees charged and increased blood pressure.
Unfortunately switching costs are high due to time taken to open new accounts and there is no guarantee that others are any better.
You are right. I was also a victim of account being frozen. It is really frustrating to see that your account has been frozen when you have to urgently send money. They do not even notify the customers before the account is frozen.
The replies that you get for your questions are standard replies or something which does not answer your questions. You have to go back and forth a couple of times to get your job done.
Glad to know that they are not a monopoly now and customers have more choices.
more...
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wawa
10-12 12:21 PM
Friends,
I too have received an update from CRIS about reopening my old H1B from my previous employer which is a large multi-national organization. I have changed the company since then and I have already received my EAD with the new company. I am a bit worried about the outcome of this review. If in the event of revoking the H1b of my previous employer, will my current H1B will also be revoked or am I safe irrespective of the outcome. Would really appreciate if someone can provide any feedback.
Thanks
Hi,
I have my old H1B reopened on Sept. 28. The USCIS said they mailed me a notice, but so far I haven't received any mailed notice. Have you received this document?
Thanks
I too have received an update from CRIS about reopening my old H1B from my previous employer which is a large multi-national organization. I have changed the company since then and I have already received my EAD with the new company. I am a bit worried about the outcome of this review. If in the event of revoking the H1b of my previous employer, will my current H1B will also be revoked or am I safe irrespective of the outcome. Would really appreciate if someone can provide any feedback.
Thanks
Hi,
I have my old H1B reopened on Sept. 28. The USCIS said they mailed me a notice, but so far I haven't received any mailed notice. Have you received this document?
Thanks
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GC_1000Watt
01-10 05:45 PM
Sending letters is a waste of time. I did many in the past and nothing happened. We will only make post office richer and lose money on postage. Nobody reads or replies to letters.
Anyone willing to do hunger strike?
I am willing to do hunger strike.
Anyone willing to do hunger strike?
I am willing to do hunger strike.
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pete
08-14 08:51 AM
It took me around 4 years. EB2 India, started as a scientist later physician and endless headaches ...... but its over now. Got my card yesterday. Its an amazing stress relief and confidence booster.
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
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grupak
06-17 04:04 PM
Do we have any agenda for EB3-I?
The visa recapture HR5582, eliminate country ceiling HR 5921, separate visa numbers for US STEM graduates HR 6039 are going to provide lot of additional visas to push everyone forward including fixing problems that are more severe for China, India and other traditional retro countries. Recapture and STEM bills helps everyone including EB3-ROW.
The visa recapture HR5582, eliminate country ceiling HR 5921, separate visa numbers for US STEM graduates HR 6039 are going to provide lot of additional visas to push everyone forward including fixing problems that are more severe for China, India and other traditional retro countries. Recapture and STEM bills helps everyone including EB3-ROW.
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saimrathi
07-11 09:06 PM
I had to answer as NO as i live in northeastern PA... the poll should have had an option "I would love to but I live too far away.. but I'll be there in spirit" .. :)
f1vlad
07-12 09:07 AM
Someone asked about source on his website, and his response is:
"I really can't go in to details, but the information is reliable."
I have not seen any confirmation of returned packages yet.
"I really can't go in to details, but the information is reliable."
I have not seen any confirmation of returned packages yet.
gc_lover
07-18 01:47 PM
PD: Sept 2003/EB2
Reached USCIS: July 2nd 2007, 9:01 AM
Rejection: Unknown
Check Cashed: Don't know, company's check
Reached USCIS: July 2nd 2007, 9:01 AM
Rejection: Unknown
Check Cashed: Don't know, company's check
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