yabadaba
12-21 08:22 AM
ok that makes sense.
rcr_bulk
07-23 11:30 AM
Hi,
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
Try applying online, if lucky you will get.
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
Try applying online, if lucky you will get.
Euclid
03-19 09:55 PM
Actually, what your HR says makes no sense. You *are* presenting a list A document. According to the receipt rule "the receipt for the replacement suffices (for 90 days) wherever the actual would have sufficed" (I paraphrase).
So you are in effect presenting a list A document.
Get some talking points from the net and argue this out with them.
So you are in effect presenting a list A document.
Get some talking points from the net and argue this out with them.
my_gc_wait
08-10 12:16 PM
yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
more...
WaitingForMyGC
01-09 02:30 PM
It would definately move..but movement would be backward. :-)
Queen Josephine
July 15th, 2004, 01:35 PM
These are great shots. Between you and Janet, you could produce a nice book (if either of you hasn't already).
more...
needhelp!
02-13 12:41 PM
We need a few catchy words to put in a community newsletter. This is for people who don't know about IV. It has to be something that will make people click on the text and come to IV website.
Here are a few suggestions I have got so far:
"Do H1Bs have the right to free speech? Check out ImmigrationVoice.org letter campaign working for you."
"Please join Immigration Voice and participate actively in the Administrative Fix campaign"
"If you are in this country legally, prepare for getting whacked"
"Is GREEN CARD holding up your future and career? - Liberate yourself by participating in the Administrative Fix campaign done by Immigration Voice.
Come on guys.. let your creative juices flow.. but keep it very short.
Here are a few suggestions I have got so far:
"Do H1Bs have the right to free speech? Check out ImmigrationVoice.org letter campaign working for you."
"Please join Immigration Voice and participate actively in the Administrative Fix campaign"
"If you are in this country legally, prepare for getting whacked"
"Is GREEN CARD holding up your future and career? - Liberate yourself by participating in the Administrative Fix campaign done by Immigration Voice.
Come on guys.. let your creative juices flow.. but keep it very short.
gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
more...
lord_labaku
09-21 10:20 PM
It may be better to rent in the near future until tax rates increase so much (which they will as someone has to pay for all these unimaginable bailouts) that it starts to make sense again to own a house so as to get the interest deducted in taxes.
Eventually there will be a demand supply equilibrium point. People got to live somewhere right?
Eventually there will be a demand supply equilibrium point. People got to live somewhere right?
sw33t
05-21 08:49 AM
<start sarcasm>
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
more...
rajenk
08-12 12:46 PM
Thank you all for your response.
The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.
Questions:
1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
2. If that is the case then in my situation should I safely assume my wife's application was rejected?
Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(
My PD is 11/30/05 EB3
Thanks
Raj
The reason for my opening a new thread is to get attention from other members to get my question answered. I did not want to bury my question in to those lengthy threads, and the chance of getting such question answered is highly improbable. OK now to my additional questions on this subject.
Questions:
1. Did you guys receive all the receipts (yours and dependents) together in a single postal mail?
2. If that is the case then in my situation should I safely assume my wife's application was rejected?
Please respond I have only 5 days to re-submit a new application for my wife. If I miss it then our whole GC dream will become a nightmare:(
My PD is 11/30/05 EB3
Thanks
Raj
mallu
03-04 09:31 PM
It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.
Now USCIS has started finding other reasons , so that their processing times can become sane. "Additional Review" , "RFE for documents issued by INS 10 years ago" etc.
And one example : http://boards.immigration.com/showpost.php?p=1871043&postcount=2902
Now USCIS has started finding other reasons , so that their processing times can become sane. "Additional Review" , "RFE for documents issued by INS 10 years ago" etc.
And one example : http://boards.immigration.com/showpost.php?p=1871043&postcount=2902
more...
gcnirvana
05-14 09:03 PM
This is a EB3 - General Poll across all countries
Can you create one for EB2, please? Thanks!
Can you create one for EB2, please? Thanks!
.jpg "funny quotes about school.")
logiclife
01-24 11:31 AM
If that is a problem...you know...thousands more filing 485 and swamping/drowning/choking/killing CIS, then maybe, in that case, we should not be pushing for SKIL bill also. Correct?
Because :
What happens if 485 filing is allowed?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
What happens if SKIL bill passes?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?
So maybe we should not push for SKIL bill also.
And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.
Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?
Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?
Because :
What happens if 485 filing is allowed?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
What happens if SKIL bill passes?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?
So maybe we should not push for SKIL bill also.
And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.
Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?
Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?
more...
gbof
04-08 02:52 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
tikka
05-29 04:13 PM
AVS channel has an indian program every saturday starting 10am -12.00pm
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Excellent idea.
In the mean time have you sent out web faxes, emails, called senators?
We could really use the effort right now...
thank you
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Excellent idea.
In the mean time have you sent out web faxes, emails, called senators?
We could really use the effort right now...
thank you
more...
tikka
08-08 12:07 PM
^^^^^^^^^^
Lets move people!!
Lets move people!!
cagedcactus
05-02 01:54 PM
I just received an email from my lawyer that my I 140 was denied.
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
sam_hoosier
05-22 11:23 AM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
wandmaker
03-30 11:10 PM
Congratulations....
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Can you please fill your profile (chargability is missing....), this will also help IV to analyze (slice and dice)
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?
Thanks
Can you please fill your profile (chargability is missing....), this will also help IV to analyze (slice and dice)
little_willy
09-14 03:45 PM
The interview with Jay about the rally just started.
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