hate_me
12-16 04:45 PM
I got my licensed extended till EAD expiry date and they have given me an month more than EAD expiry date, this was done in Wayne, NJ, and I know atleast 20 people who got their license extended on base of EAD in Wayne. Your friend might not have provided other required documents, you just dont get license renewed on base of EAD only, you have to provide address proof, SS etc. Your friend might have missed some of the documents or he might have shown attitude to the the clerk, or that clerk might have taken lessons from USCIS employees in creating their own rule.
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
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aka
10-30 07:04 PM
Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.
Thanks.
People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?
Thanks.
People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?
Rohan99
10-29 12:21 PM
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
Please help...
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bikram_das_in
05-14 11:06 AM
Paid $25 for this month.
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gandalf_gray
06-02 11:18 AM
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
kedrex
01-13 10:59 AM
Thanks a lot for the replies.
I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?
I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?
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ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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immigrationvoice1
01-29 11:13 AM
Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
Dear All,
I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.
In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.
In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.
I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."
Please, please help me in this regards.
I would really appreciate if any one can help me out in this matter.
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month
Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.
Hope that helps.
Dear All,
I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.
In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.
In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.
I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."
Please, please help me in this regards.
I would really appreciate if any one can help me out in this matter.
more...
bkam
01-31 10:55 PM
Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.
These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.
This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".
I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.
In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.
These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.
This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".
I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.
In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.
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rb_248
10-18 12:16 AM
rb_248, I am in the similar situation if you dont mind can you share your lawyers details, seems to be very experienced lawyer..
golgappa,
Just sent you a PM. Please check your inbox.
golgappa,
Just sent you a PM. Please check your inbox.
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wandmaker
12-18 11:27 PM
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
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rajsand
10-04 09:58 AM
I havent go the receipts yet, but wondering how long (approx) should it take for AP travel document to come so we can travel out of the country.>
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
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h1techSlave
02-12 01:06 PM
Nice idea, but they should allocate new visas for home purchasers.
Any ways, I have signed the petition.
Any ways, I have signed the petition.
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gc_check
01-16 10:58 AM
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
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laksmi
01-08 12:37 PM
I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.
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MSCapBust
07-20 06:41 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
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ksrk
09-22 07:49 PM
We did not return the i94 while traveling by air - and our renewal notice was with i94 (same number)
Hi senk1s,
When did you make this travel over air?
I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).
Hi senk1s,
When did you make this travel over air?
I remember getting a new I-94 each time I returned to the US (in the last 2yrs) from Vancouver. They used to not require that you get a new I-94 (in 2001 and 2004), but of late, you are required to surrender your existing I-94 and get a new one when you return - even between the US and Canada, if you hold an Indian passport. Meaning that if you are refused the H1B visa stamp in Canada, you can't just enter the US on the previous I-94 (even it is still valid).
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chmur
08-01 12:45 PM
Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
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Akia
03-25 08:48 AM
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
northstar
07-18 01:11 AM
I dont think this should be our priority, his reporting is mostly based on illegal immigration, he does talk about H1B visa sometimes and has reported some incorrect facts, but again his focus is more towards cleaning up the H1B visa system so that things are transparent rather than stopping it altogether.
ameryki
05-23 04:41 PM
You were right in saying that DS 156 & DS 157 is no longer required. Here is the link
General Information- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/general_information.html)
BTW what is this PIMS thing? Do I have to do anything regarding PIMS before taking the apoointment for VISA interview or before/during the actual interview?
Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.
General Information- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/general_information.html)
BTW what is this PIMS thing? Do I have to do anything regarding PIMS before taking the apoointment for VISA interview or before/during the actual interview?
Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.
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