kriskris
08-30 05:46 PM
Hi IVians,
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
jambvan
04-12 01:19 PM
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
sheela
07-13 08:52 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is a requirement. Download AR11 read and follow it
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is a requirement. Download AR11 read and follow it
more...
diptam
04-11 11:16 PM
I've a terrible situation now:
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
nk2006
07-05 11:59 AM
Its a very good point. Immigration related issues are highly political and rouse emotions on either side. Our opponents used those same emotions to get their desirable results - in the form failure to any immigration related bill. Now I think we have a good opportunity to use this fiasco to our benefit.
The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).
We can even reach out to extreme right (like sof Tancredo) and expose how
USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.
Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.
The lawsuit - whatever its outcome maybe can run its own course. AILF is taking care of that. We as 485 filers and potential filers can simultaneously work on educating lawmakers. To the immigrant friendly lawmakers we can magnify the arrogance of DOS/USCIS in disregarding thousands of immigrants aspirations and revising a bulleting literally at the last "second". We can also project the miscommunication/clashes between the two orgnizations (without that element its impossilbe they would come to the conclusion in mid-june that there will be plenty of visas unavailable to make every one current; and suddenly after two weeks realize that there are none to anyone).
We can even reach out to extreme right (like sof Tancredo) and expose how
USCIS approved cases in haste at last minute just to avoid the rush from July 2nd. Who knows how many cases they approved are not supposed to be approved in the normal circumstances.
Is IV taking advice from lobbists on this matter or they just deal with senate/house bills.
more...
VivekAhuja
06-02 07:34 PM
No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.
srinivas72
02-03 09:53 AM
Some please respond about my status...
more...
lecter
February 27th, 2004, 07:49 AM
oops, I meant a week right??
Oh well....
if people get sick of my comments and critiques ... please let me know....
I will base everything on my lack of knowledge and ability and then we can all learn and grow together......
Plus I'll take some photos for scrutiny by my peers here....
what a bloke..
..............................................rob
Oh well....
if people get sick of my comments and critiques ... please let me know....
I will base everything on my lack of knowledge and ability and then we can all learn and grow together......
Plus I'll take some photos for scrutiny by my peers here....
what a bloke..
..............................................rob
fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
more...
visli_com
06-25 11:23 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
my company is paying all except medical & (costly) Photos.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
my company is paying all except medical & (costly) Photos.
go_guy123
11-03 06:05 AM
According to OH Law's website:
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
more...
xu1
04-10 11:06 AM
I will send an email after work with details.. Can't use webbased mail right now at work.
va_dude
10-19 12:25 PM
You better get a second opinion before taking any such meds.
more...
ramboom1
03-28 07:55 AM
I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
Virtual,
That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.
best,
Berkeleybee
Virtual,
That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.
best,
Berkeleybee
sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
more...
marlon2006
02-04 09:46 AM
I pray that the DOS advances the cut-off dates and get my I-485 approved by March - because I don't get excited at all by these immigration reform bills. There are 12-25 million illegal aliens in this country. 10,000+ crosses the border on daily basis.
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
rajuseattle
04-28 04:03 PM
gc_check:
Very good advice to young EB-3 folks.
Very good advice to young EB-3 folks.
HRPRO
05-04 01:26 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
chint001
11-25 11:54 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
VickIowa
12-28 10:55 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
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