walking_dude
08-03 09:12 AM
If Priority date is 'Current', you can't apply for H1 extension!
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.
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ajju
02-28 01:33 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
dixie
08-23 06:55 PM
We all know very well by now that the house of representatives is THE mover when it comes to passing any pro-legal immigration bill.Given that half of those representatives may loose their jobs in the coming election, I dont see much point in contacting them now if they have already made up their mind not to do anything on immigration until the elections. But we will have to double our efforts as soon as the new congress settles in so that our agenda gets highlighted to the new members of congress.
But look at the positive side. We have more time to contact the law makers.
But look at the positive side. We have more time to contact the law makers.
2011 brand new Cathay Pacific
ImmiRam
09-13 05:05 PM
Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
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tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
hoolahoous
03-05 07:25 PM
usually employment based insurance cover pre-existing condition
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monkeyman
11-18 09:23 AM
These responses are based on my experience:
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
2010 Cathay Pacific Airways,
snowshoe
12-20 01:28 PM
I enjoy both the shows very much and lately many other shows have started acknowledging their popularity (for example, CNBC's Kudlow takes pride whenever he is covered in their shows).
Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/
I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.
If he agrees to cover our situation it will help us a lot. Great idea OP.
Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/
I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.
If he agrees to cover our situation it will help us a lot. Great idea OP.
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permfiling
10-27 01:27 PM
Congrats ! I guess the 3 green card is a magic number as mine was 10 yrs stay and 3 GC applications as well.
Did you receive the I-797 approval letter and at which service center was your case approved at.
Thanks
Hi All,
After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
Did you receive the I-797 approval letter and at which service center was your case approved at.
Thanks
Hi All,
After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
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va_il
03-15 01:55 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.
I was offered one when i was in that situation way back in 99.
Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.
I was offered one when i was in that situation way back in 99.
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morpheus
07-12 12:35 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
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senthil1
05-14 06:07 PM
Actually they did not move purposefully. Demand slowed down for visa numbers because long time the date was not moved. Another point is Companies like TCS,WIPRO are not applying GC and they are the ones using more H1bs. It could move back when demand increases but not so much like 2005. So always waiting time for EB3 will be 3 to 6 years and Eb2 2 to 4 years.
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
more...
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fromnaija
08-03 12:12 PM
With a priority date of July 2006, you are looking at another four to five years before you get your GC barring any changes in current laws and available visa. Many people advise that you maintain your H1 during the wait just to have a fallback position in case your 485 is denied.
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
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pappu
03-23 03:15 PM
If someone can scan this thread
http://immigrationvoice.org/forum/showthread.php?t=23555
and PM those people who said they are affected, it would help.
http://immigrationvoice.org/forum/showthread.php?t=23555
and PM those people who said they are affected, it would help.
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maddipati1
07-30 08:02 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
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sunny1000
12-07 03:08 PM
Thanks everyone for the replies. Appreciate it.:)
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rsrikant
07-20 03:26 PM
my 140 also is e filed and i received receipt no. in email.
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
waiting for the hard copy of receipt notice..
any idea how long it takes to get receipt notice if it is efiled...
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eastindia
04-26 02:53 PM
Can you please clear your point for asking these here ?
I want to know if some of us knew of Green card wait time when we applied or came to USA?
I want to know if some of us knew of Green card wait time when we applied or came to USA?
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gee_see
04-15 10:56 AM
TSC waking up ?
Mallu,
You are next ....
Mallu,
You are next ....
ras
06-06 02:29 PM
Are there any specific links for complaining to these agencies?
amitjoey
06-25 12:37 PM
Hello all,
I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.
Pl help. Can I go ahead and apply for my 485?
Also, would you know anything about copies of affidavits?
Pl reply. I am in serious bind.
Thanks.
You need copies of your passport for 485. Send the copies and then send the passport for renewal. If RFE comes, you will have the new passport by then.
Check with your lawyer, I am sure it is not a big deal. Please consult your lawyer.
I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.
Pl help. Can I go ahead and apply for my 485?
Also, would you know anything about copies of affidavits?
Pl reply. I am in serious bind.
Thanks.
You need copies of your passport for 485. Send the copies and then send the passport for renewal. If RFE comes, you will have the new passport by then.
Check with your lawyer, I am sure it is not a big deal. Please consult your lawyer.
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