panky72
05-22 04:54 PM
per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
When I talked to my lawyer few months ago he said the same thing.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
When I talked to my lawyer few months ago he said the same thing.
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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.
vsoni
05-24 03:24 PM
Done!! Nj
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GCard_Dream
05-05 08:18 PM
This may be affecting a lot of IV members so I thought I bring it up and share the pain with everyone. Some universities in US, like Arizona State University, consider the folks on H1-B or L-1 or EAD non-resident for tuition purposes and charge much higher tuition fee despite the fact that you pay all your taxes, have permanent home in the state, and have been living in the state for years. As far the State is considered, you are a resident but the university chooses not to accept that definition and purposely define you non-resident so that you could be charged much higher tuition fee.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
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thomachan72
08-17 02:06 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
Better_Days
03-24 08:51 PM
Someone I know is looking for an experience resource in Oracle eBiz. Experience with HR or Financial Module will be good.
Position is in the Los Angeles county area and the contract will be for 1 year with possible extensions.
Sorry guys, this one requires an EAD. A corp-to-corp will not work, you need to become a W-2 employee. You can PM your email adddress to me.
Position is in the Los Angeles county area and the contract will be for 1 year with possible extensions.
Sorry guys, this one requires an EAD. A corp-to-corp will not work, you need to become a W-2 employee. You can PM your email adddress to me.
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abhijitp
07-19 02:49 PM
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
I am in the same boat. I have asked my paralegal about it a few times and he seems reluctant. He said they don't normally do it. By law, are they not required to let us have the receipt? Like you, I do have the receipt numbers, but not the physical copy of the receipt. Like you, I currently have no intentions of quitting, but I would like to have a copy... just in case.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
I am in the same boat. I have asked my paralegal about it a few times and he seems reluctant. He said they don't normally do it. By law, are they not required to let us have the receipt? Like you, I do have the receipt numbers, but not the physical copy of the receipt. Like you, I currently have no intentions of quitting, but I would like to have a copy... just in case.
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qualified_trash
10-09 11:00 AM
Dilbert_cal:
Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.
Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.
qplearn
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.
Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.
qplearn
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
more...
techbuyer77
09-17 02:17 PM
News Clips won't help much. Better to get some documents from your Company that shows it really is on the downside like financial statements. However, make sure you also have a proof that when they applied for I-140 and you applied for GC, the company is still in good financial status; that is was only later that the company suffered losses.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
Well what can I get from them? The letter the company send on June did not say I was working for them in that moment. The letter said that they will have a job for me when GC was approved, but they heavely depend on those mortage loans and they have not sold houses in some time.
They did not have job for me when approved.
The promise can not be fulfilled because of bad bussiness.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
Well what can I get from them? The letter the company send on June did not say I was working for them in that moment. The letter said that they will have a job for me when GC was approved, but they heavely depend on those mortage loans and they have not sold houses in some time.
They did not have job for me when approved.
The promise can not be fulfilled because of bad bussiness.
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sweet23guyin
03-09 01:48 AM
Question is what happens if I decide to withdraw the H1b App
Or just change the job .. will then still then keep RFE alive?
If my employer won't give the wage reports etc. today.. he's definitely not going to give me that even in future then..
'GC_ASP' is trying to say, "USCIS may open ur I140 and send an RFE for ability to pay..."
Or just change the job .. will then still then keep RFE alive?
If my employer won't give the wage reports etc. today.. he's definitely not going to give me that even in future then..
'GC_ASP' is trying to say, "USCIS may open ur I140 and send an RFE for ability to pay..."
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caydee
03-07 06:06 PM
I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
----------------------------------------
Yes, I will speak to an Immigration Attorney on this. And thanks again, the link was informative.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
----------------------------------------
Yes, I will speak to an Immigration Attorney on this. And thanks again, the link was informative.
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desi3933
06-25 02:38 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
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rongha_2000
05-13 05:45 PM
^^^^^^^^^^^^
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vikramy
12-22 03:56 PM
Our company is supporting semi conductor firms IT operations with both offshore and onsite. So basically all our work is already at minimum expense, but still our company is asking us to move many more jobs to offshore. They have stopped funding of all new project.
So i think it's pretty tough. But brighter side is in the market there are still some jobs
So i think it's pretty tough. But brighter side is in the market there are still some jobs
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wandmaker
12-09 12:20 AM
Labor category is not an issue here. It is the position (Manager), job roles and responsibilties listed appears to be very restrictive. Secondly, the audit has increased.
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Refugee_New
01-07 12:00 PM
Its really scary for IT folks in India. Read on
http://www.businessweek.com/globalbiz/content/jan2009/gb2009017_807784.htm?campaign_id=yhoo
http://www.businessweek.com/globalbiz/content/jan2009/gb2009017_807784.htm?campaign_id=yhoo
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n_2006
11-05 05:31 PM
Is there any advantage choosing a local lawyer? Can some body please suggest attorney in Chicago area.
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srkamath
08-14 10:24 AM
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likelihood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likelihood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
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rakesh_one
04-07 03:28 PM
Read this!!!!! they did not use all the recaptured visas from last time
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007.
In 2007, the number of employment-based preference immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005
that allowed the recapture of 50,000 unused employment-based
visas (4,743 of these visas were used in 2007) and provisions of the American Competitiveness in the 21st Century Act of 2000 that
permitted the recapture of 130,107 visas (7,312 of these visas were used in 2007).
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007.
In 2007, the number of employment-based preference immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005
that allowed the recapture of 50,000 unused employment-based
visas (4,743 of these visas were used in 2007) and provisions of the American Competitiveness in the 21st Century Act of 2000 that
permitted the recapture of 130,107 visas (7,312 of these visas were used in 2007).
garybanz
11-12 01:47 PM
From what i know, if you have an Indian Passport and a US Green card, the only countries you can travel to without any visitor/tourist visa requirements are India, USA, Canada, Bahamas, Dominican Republic and Mexico (Thanks to Sunny1000 for confirmation of Mexico and Dominican Republic)
Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?
Thanks.
Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?
Thanks.
Nil
05-13 08:01 PM
Hello cool_desi_gc,
I downloaded the access database but could not find employee name in there. Is there any other way to get the labor record? Also I don't have the labor case number to match to this record.
This is for PERM data only.
Can you pls say how to find out for non perm cases?
I downloaded the access database but could not find employee name in there. Is there any other way to get the labor record? Also I don't have the labor case number to match to this record.
This is for PERM data only.
Can you pls say how to find out for non perm cases?
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