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  • aprajimmi
    06-13 09:56 AM
    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......





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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks





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  • ssnd03
    07-30 02:17 PM
    Congratulations on your approval. Yor are really lucky and we envy you.

    I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.

    Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
    (BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)

    This guy's security checks were cleared timely and he got a visa number as soon as they were available.

    It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.

    Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current





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  • jnraajan
    03-29 04:07 PM
    When I applied in June 07, I had the same issue. They approved it on July 3rd, when according to the revised bulleting, the numbers should have been unavailable. (Remember the Fiasco anyone). I guess they decided to use the old bulletin to give me 1 year extension and then the new bulletin to say, I cannot file for AOS. Nice going..



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  • cox
    June 18th, 2005, 07:51 PM
    Boy, you really get up early! I'm still in bed when the sun's rising :p ... The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) ... benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.

    Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.

    (and having a good friend!)
    Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)





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  • dtekkedil
    07-02 11:34 PM
    I can do it...

    We need to spread the word!

    I would love to send this as the message - Suggested by one of our own - "prashant"


    Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES

    Truly,
    A victim of revised visa bulletin


    But we need something that sounds a little more genuine. A bit more mature?

    Any suggestions?



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  • schandra
    11-24 04:50 PM
    Same here too
    Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
    And to make it worse, no time left in H1 either, as I have been here since 2001.

    Is there any alternative to this?
    As in, can we apply for another I-140 while the appeal is still going on?

    I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.

    http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf

    Is there nothing we can do to tackle this situation?
    I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.

    Thanks
    Subbu





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  • Devils_Advocate
    03-12 10:36 PM
    Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery



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  • shirish
    10-15 12:30 PM
    Received FP notice, Transfer notice and EAD cards on saturday.


    PD - sept 05 EB2 India-
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    485- RN - lawyer received all the receipts - Transfer notice received.
    EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    EAD cards - Received
    FP Notice - received.





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  • like_watching_paint_dry
    09-07 09:59 AM
    I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).

    Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.

    I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?



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  • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.

    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice

    View Full Version : EAD Expiring; 245k rule? --- Urgent help!






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  • Mount Soche
    12-18 01:31 PM
    Yes, yes, yes you can invest in stocks etc.
    You don't need need anything from the INS.
    I invest with Scottrade too, as do many of us on this forum.


    Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.

    Thanks in advance for all the replies.



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  • Libra
    08-03 12:53 PM
    What made you think like that? did you find anything wrong in my post? anyway, i still request you to consider any type of contribution towards sept rally.

    Thank you for your post:D

    You are a jack ass





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  • gantilk
    04-27 11:02 PM
    I see the following in the USCIS website:

    "Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."

    Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?



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  • virald
    08-14 12:14 PM
    Easy...

    Q6: What happens if an application is filed at the wrong Service Center?

    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    you just beat me in posting this
    :D





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  • andy garcia
    07-30 02:26 PM
    Even FP notice? I think it comes directly to you..

    You are correct, they get a copy.



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  • glus
    06-18 11:28 AM
    First, you should not offer money for such a letter. Secondly, you can ask a colleague to write one for you. When you send a letter from a colleague, explain that the company had refused to write a letter for you. Include the phone number and the address of the company.
    In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.





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  • mantagon
    07-16 08:23 AM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.

    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.





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  • freddy22
    07-13 11:07 PM
    My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
    He has a sister here - and me and other family members:

    He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
    He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

    He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

    He is currently in jail on $25,000 bail:
    He appears in court on wednesday - we will ask for a bail reduction:
    Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

    This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

    My questions are:

    would he be depostable or would he face any involvement regarding immigration?

    If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

    Your advice would be greatly appreciated





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    08-07 11:31 AM
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    glus
    10-20 08:22 AM
    Hello,

    As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.

    It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
    Good luck!

    hi there,
    There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.


    Best Wishes,



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