Wednesday, June 8, 2011

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  • jotv
    10-08 06:48 PM
    hi gcpadmavyuh ,

    here is my question i got h1 that is starting from oct 1st and i got ead also .

    i dont have ssn also . my i-94 got expired.

    1) now i am on which status ?

    2) how to come from h4 to ead in my situation ?

    3) how to actually use ead or h1 ?

    4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?

    5) in my situation how uscis will recognise am i using ead /h1 /h4 ?

    6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?

    7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?


    please clarify this doubts . please other experts suggest me.





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  • Libra
    01-11 12:44 PM
    insbaby, please send letters to President and IV, it may help us. It will take only 5 mins to sign a letter and mail it. please show your support for IV.

    True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.

    If you get it by 25, you have some years to go hit something for your life.

    I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.





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  • karthic
    12-18 03:53 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.





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  • va_labor2002
    06-16 01:22 PM
    Excellent idea. Please talk to the Core team.
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?



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  • clockwork
    09-06 09:42 AM
    3. Internal memo in USCIS not made public about holding visas for EB3 India etc.

    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -





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  • kumar1
    03-20 03:50 PM
    What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.



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  • shantanup
    11-05 02:14 PM
    I find it difficult to digest that parents ship their infant children to someone else to raise.





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  • kaisersose
    03-05 01:40 PM
    The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.

    ....

    Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.

    About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.



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  • LondonTown
    05-04 07:58 AM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.





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  • txh1b
    08-25 03:32 PM
    Depends on what you mean by porting. Do you already have an approved 140 in EB2 or are you going to start from scratch by having the company file for a labor?

    If it is the latter, the company as per the law must pay for the labor filing, advertising costs. Anything after that, there is no problem for you to be paying for the GC.



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  • amitga
    02-21 01:01 PM
    Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.

    People,

    I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.

    The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.

    I think its worth a discussion.People any ideas.?





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  • meridiani.planum
    06-27 01:42 PM
    Hi All

    Just came accross the following information as posted by the uscis latest newsletter...

    If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

    source: Latest USCIS Monthly Newsletter
    Link available via www.immigration-law.com

    Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???

    can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!

    replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.



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  • funny
    08-13 12:41 PM
    Hi Folks

    I have 2 Approved I140's.

    EB3-I PD oct 10, 2003 - Approved - TSC
    EB2-I PD July 6th 2006 - Approved - NSC

    I filed my 485 on july 2nd 2007 - TSC

    RD July 2 2007
    ND Aug 16th 2007.

    My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.

    I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.

    Thanks





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  • tinku01
    07-22 05:53 PM
    Hi Bluez good luck buddy. I think you are safe even dates become unavailable in coming month. My interview has been scheduled for Aug 26 at Delhi Consulate. Hey please update us with all the details and one more thing can you give me the format of PCC as I think you are also going to get it from local police station.



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  • anilsal
    06-24 10:05 AM
    Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).

    I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".

    I know of people who have done this in the past and have got GCs.





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  • pappu
    03-18 11:33 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?
    Please correct your profile with real details so that it helps everyone. Thanks.



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  • qplearn
    12-03 12:45 PM
    I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!

    Wonder how you jump into that conclusion about red tape. If you are frustrated with the red tape, that doesn't mean we are causing it. Also, there are several charity organizations that may have suggestions for you.





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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.





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  • webm
    05-29 09:30 AM
    When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says

    Paroled until 02 Jan 2009

    My question is which expiration date should use for renewal purposes and apply the 120 day rule.

    Please let me know.
    You should still consider the one which is on the AP document...





    mmk123
    05-01 03:04 PM
    What do you mean by a line breaker? Porting from EB3 to EB2 by satisfying all eligibility criteria is exactly valid and lawful.

    Our problem is not anyone who is porting but the bottleneck created by current immigration policies (which still function to pretend we are still in 19th century and inaction by congress over the years. Let's pursue congress to take our cause.





    GCVivek
    04-08 05:56 PM
    US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:



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