amslonewolf
01-26 11:52 AM
This is an important step zero. I am sure Reid will push this through in the Senate.
But in this congress it's all about what the House does.. Need to see the House version of this bill..
But in this congress it's all about what the House does.. Need to see the House version of this bill..
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rajpatelemail
12-09 01:32 AM
I second that...
Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.
If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
When sush a system is in place, people may not leave filthy comments i guess.
Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.
Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.
If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
When sush a system is in place, people may not leave filthy comments i guess.
Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.
vrbest
01-21 05:50 PM
Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...
Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Thanks in advance!
Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Thanks in advance!
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reverendflash
10-21 01:44 AM
thats what I mean...
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I love negative space... :sleep:
Rev:elderly:
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meridiani.planum
07-09 01:05 AM
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
Since you agree you were overpaid, isnt paying back the 8k the right thing to do?
Regarding your salary, you can tell him that unless he pays you, you are going to complain to DOL. Last thing he would want is a DOL audit. As he was your H1 sponsor, he is obligated to pay your salary. Cant escape that unless he can prove that the 8k is somehow an 'advance' on your salary.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
Since you agree you were overpaid, isnt paying back the 8k the right thing to do?
Regarding your salary, you can tell him that unless he pays you, you are going to complain to DOL. Last thing he would want is a DOL audit. As he was your H1 sponsor, he is obligated to pay your salary. Cant escape that unless he can prove that the 8k is somehow an 'advance' on your salary.
pappu
06-08 10:37 AM
/\/\/\/
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
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tinamatthew
07-20 09:49 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
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raysaikat
03-17 03:46 PM
(I am not an attorney)
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.
I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.
EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.
To answer the original question:
You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.
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justsomeguy
08-21 10:41 PM
you said you waited 5 years... i says what's another 3-5 months :)
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
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himu73
08-14 12:47 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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tikka
05-29 09:08 PM
Donot forget to send the webfax :)
thanks
2750 web faxes have been sent! we are trying to get to 3,000.:)
thanks
2750 web faxes have been sent! we are trying to get to 3,000.:)
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eastindia
01-13 07:38 AM
I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.
Or, if it has been a long time since it is current try contacting the Ombudsman.
Ha Ha ;):D:o:):(:confused:
Stop this spreading without proof.
Or, if it has been a long time since it is current try contacting the Ombudsman.
Ha Ha ;):D:o:):(:confused:
Stop this spreading without proof.
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viqu
06-05 11:30 AM
My 140 was transferred from VSC to NSC, I received a new receipt from NSC. The new receipt show it is taking 5 months to 6 months to process this kind of case. My concern is my old receipt date (01/28/2006) is lost? totally unfair!!!
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help43
09-11 05:03 PM
i am applying for H1-B amendment before going to the stamping
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
more...
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MDix
03-05 05:10 PM
Please see my reply in red.
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
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AreWeThereYet
08-18 02:02 PM
sp99, who is your internet service provider? For about 8 channels, you are paying ~$50. Do they also have any regular US local channels included in this package? The reason I am asking this question is that they charge about $50 for a few indian channels + other regular HD channels, if you get the dish from them. I understand that the iptv is for folks like me that can not install dish in the building. I am just trying to compare the price. Also, could you tell us if you had to sign a contract too?
Appreciate your response.
Hello Folks,
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...
Appreciate your response.
Hello Folks,
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...
more...
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prasadn
09-02 07:03 PM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
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sundarpn
07-19 10:39 PM
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
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roseball
03-29 03:34 PM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
Hewa
07-27 01:07 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Use the latest (and valid) I 94. The one that came with the H1 extension.
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Use the latest (and valid) I 94. The one that came with the H1 extension.
little_willy
08-11 02:36 PM
As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.
1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.
2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.
Nice work to add this tracker...this will prevent all the different polls popping up.
Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.
1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.
2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.
Nice work to add this tracker...this will prevent all the different polls popping up.
Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.
