rsayed
04-26 06:50 PM
Be careful with what you post on this thread.
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
I agree...
Assume that all such threads that have lawmakers name in title may be read by someone in their staff so BE VERY CAREFUL in posting stuff that is a comment on any lawmaker.
Restrain would be a good idea.
I agree...
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glus
10-15 11:16 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
visaspirant
10-22 02:14 PM
Thanks again Elaine, for clearing much of the fog in my mind!
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
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logiclife
02-27 08:11 PM
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
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abheja
08-25 03:40 PM
Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(
jayleno
01-08 02:27 PM
I and my wife got our licences from Bridgeport, CT DMV in July 2008(till 2014). I'm on H-1 and my wife is using EAD. We chose to get the renewal based on pending I-485. All they needed regarding immigration was I-485 original reciept(they did not accept photo copies). Try a different DMV in CT and see, it could be that pirticular officer who may not be trainied properly. I had to argue with one officer at that time because he also was giving me a similar reason that they gave to you, and he was corrected by another person at the office, probably a more experienced one.
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
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snathan
03-20 01:04 AM
Yes
No. You will need new visa stamp.
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
No. You will need new visa stamp.
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
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Porch
08-24 09:32 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.
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saketkapur
04-13 09:27 PM
Well I checked with my old employer's legal dept and the lawyer and they won't be revoking my 140........also since its a soft LUD so it should not be so far related to my layoff....
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:
Another day in paradise....... :rolleyes:
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:
Another day in paradise....... :rolleyes:
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lavanyamohan
03-16 08:39 AM
Please suggest me good immigration attorney-( in seattle area if possible) for my H1B filing. They should be prompt in preparing my application with in 2 wks time.
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
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ImmiLosers
12-23 06:14 PM
Hi,
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
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rsrikant
08-24 03:45 PM
saw this in murthy...
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
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engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
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cooldudesfo
12-16 06:51 PM
Hello Friends,
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
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arukala
01-20 03:02 PM
Admin ,
NEW LOOK AFTER A LONG TIME... It is really Good
NEW LOOK AFTER A LONG TIME... It is really Good
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kanshul
02-01 10:42 AM
Your EB3 date (dec 2004) will not be current for the next 12 years, check the link - when will I get my GC on the front page for this site.
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newyorker123
09-28 10:53 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
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boreal
09-03 03:44 PM
Hello Folks,
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
The USCIS systems are not that sophisticated as we think they are.
For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)
...and wait there's more!
Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.
Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....
so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.
Gist of this, highly disconnected systems and I dont think SR would lead to anything..
But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...
I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.
The USCIS systems are not that sophisticated as we think they are.
For me, I have opened an SR on Aug 4, got CPO on Aug 11, then the SR response came on Aug19 saying that my GC has been approved :)
...and wait there's more!
Aug 13 or so, they approved my pending EAD, this after approving GC on Aug 11. Lets give them a benefit of doubt assuming that their various servers didnt get synced up in those two days.
Last week of August, they send me information on my AP that was approved earlier and for which i had my attorney send an enquiry (as I didnt receive the AP by then)....
so basically what this shows is that mostly there exists a high disconnect in their various servers/databases, and most probably their processes are highly manual.
Gist of this, highly disconnected systems and I dont think SR would lead to anything..
But, yours looks like a porting case - so possibly they might have the wrong dates - it might help to open an SR or go for infopass...
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neeidd
07-10 11:35 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
Ramba
04-16 03:25 PM
Thats why I recommend paper file.
LC2002
04-13 01:26 PM
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
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