ksvreg
04-22 08:20 AM
Did you get finger printing notice? You did not mention that in the porting process.
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saurav_4096
10-09 05:47 PM
I have a valid H1 approval till 2011 and used AP for my previous india visit. Right now i am transfering my H1 to a new company.
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
we_can
02-08 08:10 AM
Yes US Post Doc (without US MS or PhD) might not qualify under SKIL. But on the other had, a post doc might have enough publications and such under his/her belt to try to go for EB1.
we_can
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
we_can
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
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Leo07
12-01 03:56 PM
I have read my post couple of times before posting to avoid any mis-communication...but it's never possible to prevent I believe:)
I have a recurring contributions setup and also contributed what ever I could this holidays...probably will contribute more before the end of the season. My post is not about the Monthly contributions made by you, me or many others...who signed up.
It's about the ones' who cannot for what ever the reason may be....you and me pointing to the salaries or house-hold incomes will not help them join the wagon.
It's about increasing the donations irrespective of people joining the monthly-contributions scheme....Other viable options...may be having a IV donation boxes...in immigrant owned businesses....etc.
In an ideal world as you mentioned atleast 20000 of 25000 will contribute monthly....It's defintely good to aim for that....but that's not realistic.
I have a recurring contributions setup and also contributed what ever I could this holidays...probably will contribute more before the end of the season. My post is not about the Monthly contributions made by you, me or many others...who signed up.
It's about the ones' who cannot for what ever the reason may be....you and me pointing to the salaries or house-hold incomes will not help them join the wagon.
It's about increasing the donations irrespective of people joining the monthly-contributions scheme....Other viable options...may be having a IV donation boxes...in immigrant owned businesses....etc.
In an ideal world as you mentioned atleast 20000 of 25000 will contribute monthly....It's defintely good to aim for that....but that's not realistic.
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ARUNRAMANATHAN
09-17 01:55 PM
Can someone post the link for Video / Audio ... Thanks
raj2007
06-16 12:50 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
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StuckInTheMuck
05-01 10:00 AM
That's interesting...from my visits to various threads and from wait times of my friends (3 to precise) who recently got naturalized, the average time after receipt of N-400 to taking oath is around only 4 to 5 months.
Good to know, thanks. Maybe we were reading different threads :) One thing though, because of the heavy rush of citizenship filing in 2007, combined with the election-year pressure of 2008, petitions were fast-tracked in recent years. There are so many confounding factors, anything is possible.
Good to know, thanks. Maybe we were reading different threads :) One thing though, because of the heavy rush of citizenship filing in 2007, combined with the election-year pressure of 2008, petitions were fast-tracked in recent years. There are so many confounding factors, anything is possible.
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485Mbe4001
01-31 05:29 PM
voted multiple times...
I hope hope they dont launch into a spiel about H1 B when the question is about GCs. It will also show their awareness about the actual issue.
I hope hope they dont launch into a spiel about H1 B when the question is about GCs. It will also show their awareness about the actual issue.
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DesiGuy
09-17 12:06 PM
Which Link you guys following
CSPAN Mr. Hoyer speaking
CSPAN2 Idle
CSPAN3 Mrs. Bair speaking
Direct link:
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
Use 'REal Alternative' (including WMC) if REAL does not work.
CSPAN Mr. Hoyer speaking
CSPAN2 Idle
CSPAN3 Mrs. Bair speaking
Direct link:
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
Use 'REal Alternative' (including WMC) if REAL does not work.
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bugsbunny
03-29 04:50 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)
As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.
There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.
Please read the following articles for information on the H1B process
MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)
MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)
MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)
As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.
There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.
Please read the following articles for information on the H1B process
MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)
MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)
MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)
more...
leoindiano
10-30 12:07 PM
@ leoindiano
Where is your case? You should call and talk to an IO and find out. It will be good if the IO can put in a note in your case on which 140 needs to be used. After around 100 calls, I managed to talk to a very friendly IO, she put in a note and asked for my file to be pulled out of storage (I believe that is what happened in my case). I was on the phone for around 20 minutes with this IO and I couldnt believe how a IO could be so friendly and polite :) Have you treid CIS Ombudsman and USCIS Sec. Napolitano?
Caliguy,
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Where is your case? You should call and talk to an IO and find out. It will be good if the IO can put in a note in your case on which 140 needs to be used. After around 100 calls, I managed to talk to a very friendly IO, she put in a note and asked for my file to be pulled out of storage (I believe that is what happened in my case). I was on the phone for around 20 minutes with this IO and I couldnt believe how a IO could be so friendly and polite :) Have you treid CIS Ombudsman and USCIS Sec. Napolitano?
Caliguy,
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
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WillIBLucky
11-16 01:55 PM
I would stay away from this guy. He hates all immigrants; he supports the legal ones when he wants to bash the illegals. He is on FOX everyday.
He hates Illegals and not legal immigrants. I almost have heard him everyday going back home from work and all the time I have heard him saying there are people who legallly coming here for work that he supports. He always has been against "Amnesty" to Illegal Immigrants.
It may be worth a try. Its up to you seniors if you feel its not worth it.
He hates Illegals and not legal immigrants. I almost have heard him everyday going back home from work and all the time I have heard him saying there are people who legallly coming here for work that he supports. He always has been against "Amnesty" to Illegal Immigrants.
It may be worth a try. Its up to you seniors if you feel its not worth it.
more...
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pete
08-14 08:51 AM
It took me around 4 years. EB2 India, started as a scientist later physician and endless headaches ...... but its over now. Got my card yesterday. Its an amazing stress relief and confidence booster.
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
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prajwal123
07-18 08:30 PM
485 Applied -- July 2nd
Status -unknown
Status -unknown
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voldemar
01-30 01:16 PM
No, 45 days condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee within 45 days.
There is no time limit set to file I-140 for the employee for whom the LC was issued.Where do you get this from? In original proposal it was 45 days to file I-140, after that day labor just dies. Company can request substitution only before labor approval.
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1248.pdf
-----------------
First, DOL is proposing to
eliminate the current practice of
allowing the substitution of alien
beneficiaries on permanent labor
certification applications and resulting
certifications. Second, DOL is proposing
a 45-day period for employers to file
approved permanent labor certifications
in support of a petition with the
Department of Homeland Security,
United States Citizenship and
Immigration Services (DHS).
---------------------------
But it is for the company to substitute the LC for some other employee within 45 days.
There is no time limit set to file I-140 for the employee for whom the LC was issued.Where do you get this from? In original proposal it was 45 days to file I-140, after that day labor just dies. Company can request substitution only before labor approval.
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-1248.pdf
-----------------
First, DOL is proposing to
eliminate the current practice of
allowing the substitution of alien
beneficiaries on permanent labor
certification applications and resulting
certifications. Second, DOL is proposing
a 45-day period for employers to file
approved permanent labor certifications
in support of a petition with the
Department of Homeland Security,
United States Citizenship and
Immigration Services (DHS).
---------------------------
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cooldude
07-19 10:00 AM
As far as I know from friends who have had similar case in the past, yours is not at all an uncommon situation. My belief is that use of PO Box on physical address helps to get documents re-directed to their correct department. Absence of same means that the personnel in charge have to "think" where to re-direct and nothing more than that. Again this is based on what I know from reliable friends.
Thanks a lot for your reply
Thanks a lot for your reply
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04-29 08:13 AM
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Dhundhun
11-10 12:03 AM
Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
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gctest
10-03 09:08 PM
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Hey, you lied to the American Immigration that you will return to the home country after Ph.d. And now you are talking about who should port and who not. Relax and think.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Hey, you lied to the American Immigration that you will return to the home country after Ph.d. And now you are talking about who should port and who not. Relax and think.
kbsyed61
04-28 12:38 PM
Since we submitted the RFE response, there has been LUDs on daily basis since April 23.
LUDs on , 4/23, 4/24, 4/27, 4/28.
Anything to worry?
LUDs on , 4/23, 4/24, 4/27, 4/28.
Anything to worry?
shukla77
03-11 10:49 AM
But Mr Sanju you do use foul language towards other members.Sometimes your comments cause admin to close the thread. Remember the reponse you gave to Mirage for his post regarding calling senator for country cap. You need to show some control over your emotions and excitement.
And you dont have to respond to every single post with your EXPERT comments
I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.
.
And you dont have to respond to every single post with your EXPERT comments
I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.
.
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