arrarrgee
09-23 07:44 AM
I have an MBA from India....EB2...PD 2005 dec..I am not sure if i qualify under SKIL bill...I have completed my 3 yrs of exp in US..cud some one clarify this for me plz...
thx
thx
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psaxena
01-25 08:13 AM
Hope you do realize now that EAD doesn't get you anything but just the extended stay. Join together with and become a donor and actively participate in the advocacy efforts. No one else here will help you.
Hope you and others in the similar situation understands sooner than later.
Hope you and others in the similar situation understands sooner than later.
stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
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Leo07
10-17 02:19 PM
Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.
I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.
Do you want me to take other legal opinions as well? ( application is already mailed)
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.
Do you want me to take other legal opinions as well? ( application is already mailed)
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
more...
nixstor
10-05 11:04 AM
35-45k Euros is 45-58USD
taxes are 30-35%
Rent is 900Euros (Thats a lot)
No familiar contingetnt :(
No savings, no fun.
I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.
taxes are 30-35%
Rent is 900Euros (Thats a lot)
No familiar contingetnt :(
No savings, no fun.
I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.
ramus
07-06 10:43 AM
It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
Thanks for your support.
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
more...
Dhundhun
06-24 10:02 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
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amar123
07-29 12:37 AM
I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.
Ah, now this brings up interesting questions, where is your 485 being processed?:o
If it is texas as per your profile, then , maybe only NSC had the update?
Ah, now this brings up interesting questions, where is your 485 being processed?:o
If it is texas as per your profile, then , maybe only NSC had the update?
more...
h1techSlave
04-09 01:41 PM
After reading "Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics." in the Time article, I have not much hope in getting a GC in the near future.
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
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pappu
01-20 09:21 PM
The whole retrogression is very depressing if you were to look at numbers and predictions based on the numbers. This is the reaosn we need to work harder and contribute our time and money for this effort. If we cannot do it this year, then we can easily forget getting a greencard for the next 2 years and more. There will be no immigration bill next year due to presidential election.
This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?
This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?
more...
payur
07-14 01:14 PM
Folks,
NSC and TSC are still processing the mid june filers cases. Please see the below link. They are slow in issuing receipts. The date you are seeing is notice dates. The receipt date are june or prior to that.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf
NSC and TSC are still processing the mid june filers cases. Please see the below link. They are slow in issuing receipts. The date you are seeing is notice dates. The receipt date are june or prior to that.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes071307.pdf
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Legal_In_A_Limbo
01-14 06:10 PM
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
Even the handbook also does not talk about anything.
Any other place i can try to get information from except talking to someone in my company.
Thanks.
Even the handbook also does not talk about anything.
Any other place i can try to get information from except talking to someone in my company.
more...
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ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
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zoooom
10-25 10:04 PM
Hi There,
My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.
My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.
more...
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ksircar
01-25 12:53 PM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.
Good Luck to your daughter.
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.
Good Luck to your daughter.
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iv4gc
07-29 02:15 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
more...
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jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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sertasheep
07-09 08:26 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
It would be great if members are able to make it to this event.
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Raynstorm
08-09 05:37 AM
Hi David,
a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
Nice though!
Rayn
a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
Nice though!
Rayn
prioritydate
08-09 03:14 PM
Here is my take.
U - Uninterested
S - Sluggish
C - Careless
I - Inane
S - Slackers
U - Uninterested
S - Sluggish
C - Careless
I - Inane
S - Slackers
SureShot
04-28 02:23 PM
I picked IronKart but not by much. It was much shinier and brighter than my second choice - Sens.
If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?
If Sens' was brighter and I could see more, I think I would have picked it cause it was closer up and had more detail. I couldnt even see cyber's - the link was dead?
