LostInGCProcess
11-10 04:30 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.
For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.
I suggest you consult a good immigration attorney.
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.
For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.
I suggest you consult a good immigration attorney.
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akhichopra
03-02 05:36 PM
My sincere thanks to all for giving valuable insights and suggestions. Thank you everybody for your time and help.
beppenyc
05-26 01:17 PM
I don`t remember where i read it but they will pick the first 7 republican of the SCJ and the first five dem of the SJC, the bad news is the Session , according to the article will be part of the conference.
Corny and Kyle will be part of the conference too (that for sure).
Corny and Kyle will be part of the conference too (that for sure).
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syzygy
06-14 08:48 PM
Divide & Rule -- did someone use this on us in past history and keep using it time and again?
more...
IVMovies
11-20 01:56 PM
Dear IV Members,
First of all, this is not an official request from IV Core team.
Any one interested in participating in making Movie/Documentary please let me know.
I would like to gather a group of individuals who are local to Bayarea and are creative in writing, acting etc.
Even you are non local if you want to join with us you are most welcome.
PM me for more details.
We need more characters and also members for pre-production & post-production work.
Any creative ones with musical skills are highly required.
Thanks
Member
First of all, this is not an official request from IV Core team.
Any one interested in participating in making Movie/Documentary please let me know.
I would like to gather a group of individuals who are local to Bayarea and are creative in writing, acting etc.
Even you are non local if you want to join with us you are most welcome.
PM me for more details.
We need more characters and also members for pre-production & post-production work.
Any creative ones with musical skills are highly required.
Thanks
Member
sku
12-25 03:23 PM
What's "MTR"
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
more...
Dhundhun
07-10 12:15 PM
Question: Why Canada is not in the list of countries?
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
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delhirocks
12-03 10:19 PM
Optimist, thanks for the clarification. Do you get a 3 year extention if?
a) I140 is aproved
b) I140 filed but pending
Thx
not true. Irrespective of whether your 485 is filed or not, if your PD is not current, you can get a 3 year extension of your H1 if your I-140 is filed.
Saying this based on personal experience, and this has also been clarified by USCIS in its FAQ. Your attorney needs to mention that and ask for 3 years when the extension request is made. If they request one, they'll get one.
a) I140 is aproved
b) I140 filed but pending
Thx
not true. Irrespective of whether your 485 is filed or not, if your PD is not current, you can get a 3 year extension of your H1 if your I-140 is filed.
Saying this based on personal experience, and this has also been clarified by USCIS in its FAQ. Your attorney needs to mention that and ask for 3 years when the extension request is made. If they request one, they'll get one.
more...
pd_recapturing
03-04 08:08 AM
My lawyer sent a letter of interfiling to NSC but I do not think that they have taken any action on that. I have never seen any LUD on my pending 485. However, your case is stronger than me as your PDs based on sub labor is current so if you can aggresively try interfiling , you will succeed. Is your older PD I-140 approved ?
I have scheduled an Infopass appointment on Friday regarding my interfiling situation. I will tell you more on Friday.
I have scheduled an Infopass appointment on Friday regarding my interfiling situation. I will tell you more on Friday.
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nowhereman
01-31 10:01 AM
Are you out of your mind ? You are taking a huge risk by staying in the US and droping your Canadian PR because of some "probable" green card. What makes you think that by the time you finish school the situation will still be better in US. I hope you will not regret this but think about your family. In 3 years you and your family could be happily in BC with free health care, great weather, less stress, travel wherever and whenever you want, have your own law firm.
OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.
Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.
Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.
Thanks gomirage for your views as an actual Canadian resident! I have worked with several Canadians before, and while they all complained about the high taxes it seemed like they generally thought they had a better lifestyle in Canada than in the US.
However, some stuff I've been seeing on sites like notcanada.com concerns me. Is Canada really a place where it's more profitable to sit around and collect welfare than to work, assuming you can even find a job? Are Canadians more racist than Americans? Is it really hard to get by career wise and socially if you're not a native or have the appropriate connections?
I would really like to hear the views of someone having moved to Canada from the US about these issues!
OR you could be a stressed H1B (a.k.a educated slave) waiting for I-140, I-485, EAD or whatever to come through.
Just because you asked, I have been in this same situation. But in my case, the decision was easy. I was on h1b making 69k. The same job in Toronto offer $55k CAD. Much less, but with my freedom to consult on the side and my wife's income we bring over $100k. We vacation in Florida for a month every year to visit friends. Life has never been better.
Whoever tells you to stay and take the risk is putting your family's hapiness in jeopardy. But the choice is yours. Just don't come here crying when CIS finds a problem with your application.
Thanks gomirage for your views as an actual Canadian resident! I have worked with several Canadians before, and while they all complained about the high taxes it seemed like they generally thought they had a better lifestyle in Canada than in the US.
However, some stuff I've been seeing on sites like notcanada.com concerns me. Is Canada really a place where it's more profitable to sit around and collect welfare than to work, assuming you can even find a job? Are Canadians more racist than Americans? Is it really hard to get by career wise and socially if you're not a native or have the appropriate connections?
I would really like to hear the views of someone having moved to Canada from the US about these issues!
more...
bkam
04-14 10:33 AM
On one hand I would not use the word "arrogance", on the other, I would be careful when advising who can say what and where. The right of free speech is an essential right, right ? :-)
So, mutual respect and understanding is a must. We are all in the same boat, tired and frustrated, let's not fight internally and keep our strength for fighting our problems.
So, mutual respect and understanding is a must. We are all in the same boat, tired and frustrated, let's not fight internally and keep our strength for fighting our problems.
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nagu
02-01 09:48 PM
We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
more...
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desi485
11-07 03:36 PM
Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
However, having an official AC21 process would be good.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
However, having an official AC21 process would be good.
minimalist, thanks for sharing your views. As I said, I am a layman and do not know all the details. appreciate your input.
In this case, once an official request for AC21 is filed, CIS can release that particular employer from all liabilities for this 'AC21ed' 140. Since new employer is not required to show any financial statement (in case of EAD), this may be a good option.
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hsingh82
06-25 11:48 AM
America’s Voice | Ask Washington for a Road Map, Now! (http://americasvoiceonline.org/page/speakout/Roadmap)
This is what wrote:
Subject: Please include legal immigrants in CIR
In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.
Thanks.
Sincerely,
XYZ
This is what wrote:
Subject: Please include legal immigrants in CIR
In CIR road map, please include legal immigrants waiting for GC for years (in some cases decade) because of unavailability of visa numbers.
Thanks.
Sincerely,
XYZ
more...
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kokil
03-09 09:02 PM
And here is the sample degree from UoM.
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kirupa
04-02 12:20 AM
The voting part is currently over! Please read my earlier post, as some of the vote counts will be adjusted to remove votes from individuals who have the same/very similar IP as another voter for the same entry.
There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.
Should be exciting :P
There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.
Should be exciting :P
more...
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desi3933
09-18 06:56 AM
H1Employer -
Would my mind answering my question?
Thanks!
Can I ask you a question? How much your corp usually pays if you are billing at $80 per hour? 55k per year or 95k per year as Salary + Benefits. (BTW - Just to make things clear, I am not looking for job as I am independent IT consultant with my own corp).
I have seen many cases where consultant is billed at 80-90 per hours and gets paid only 50 to 60k (based on his/her "negotiation" power).
In one case, this agency had two consultants at same client (one of the large banks) and were getting billed at $80 per hour. The H1-B person was getting 56k/year and green card holder was making 95k per year. This is the reason why many people want to jump for another job when they have EAD or GC.
My 2 cents.
Would my mind answering my question?
Thanks!
Can I ask you a question? How much your corp usually pays if you are billing at $80 per hour? 55k per year or 95k per year as Salary + Benefits. (BTW - Just to make things clear, I am not looking for job as I am independent IT consultant with my own corp).
I have seen many cases where consultant is billed at 80-90 per hours and gets paid only 50 to 60k (based on his/her "negotiation" power).
In one case, this agency had two consultants at same client (one of the large banks) and were getting billed at $80 per hour. The H1-B person was getting 56k/year and green card holder was making 95k per year. This is the reason why many people want to jump for another job when they have EAD or GC.
My 2 cents.
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nomi
12-11 02:17 PM
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
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lonedesi
05-25 11:36 PM
05/26/2006: Critical Role of House-Senate Conference Committee and Importance of Selection of the Conferees
More than ever, in the Comprehensive Immigration Reform legislation, the role of the upcoming House-Senate Conference Committee will be critically important. Traditionally, once conference committee reaches an agreement, the floors of both Houses usually accepted the compromise report of the conference committee. It is thus critically important to learn who will be selected to the conference committee by each House. The key players in the selection are the Speaker of the House, the President of the Senate, Majority and Minority leaders in both Houses.
In the Senate, the floor has already decided how the conferees from the Senate will be selected. It proposes to send conferees at the ratio of 14 from the House and 12 from the Senate. On the Senate side, all the conferees will be selected from the Judiciary Committee at the ratio of 7 from the Republicans and 5 from the Democrats. On the Republican side, the Majority leader will select the seven Republican conferees and the Minority leader will select the five Democrat conferees. Without doubt, the Democrats will select the hardcore supporters of the CIR, but it is unclear who the Majority leader Bill Frist will pick on the Republican side. He may attempt to balance between the hardcore supporters and the hardcore opponents within the party. We just wish that the hardcore Republican opponents who posed a roadblock to the today's passage of the bill in the Senate as revealed in the amendment and final roll calls do not take a dominant power on the Republican side of the Senate delegaton. Readers may want to know who these opponents are by checking the voting records of S. 2611.
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00157
http://www.immigration-law.com/
More than ever, in the Comprehensive Immigration Reform legislation, the role of the upcoming House-Senate Conference Committee will be critically important. Traditionally, once conference committee reaches an agreement, the floors of both Houses usually accepted the compromise report of the conference committee. It is thus critically important to learn who will be selected to the conference committee by each House. The key players in the selection are the Speaker of the House, the President of the Senate, Majority and Minority leaders in both Houses.
In the Senate, the floor has already decided how the conferees from the Senate will be selected. It proposes to send conferees at the ratio of 14 from the House and 12 from the Senate. On the Senate side, all the conferees will be selected from the Judiciary Committee at the ratio of 7 from the Republicans and 5 from the Democrats. On the Republican side, the Majority leader will select the seven Republican conferees and the Minority leader will select the five Democrat conferees. Without doubt, the Democrats will select the hardcore supporters of the CIR, but it is unclear who the Majority leader Bill Frist will pick on the Republican side. He may attempt to balance between the hardcore supporters and the hardcore opponents within the party. We just wish that the hardcore Republican opponents who posed a roadblock to the today's passage of the bill in the Senate as revealed in the amendment and final roll calls do not take a dominant power on the Republican side of the Senate delegaton. Readers may want to know who these opponents are by checking the voting records of S. 2611.
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00157
http://www.immigration-law.com/
Life2Live
07-12 02:53 PM
One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
yabadaba
07-11 02:26 PM
The Answer Is No!!!
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