LostInGCProcess
09-18 05:05 PM
But if I get out of US and get back with H1b stamping will then I can start again with my current company as H1b while I wil work with EAD for another company full time?
Please try to understand. Once you use your EAD, you lose your H status. Doesn't matter if you hold H1 from company A and work on EAD for Company B, or vice versa.
Ok, now once you start using your EAD, you are in AOS pending status. But if you want to reinstate H status, Yes..you go out of the country, get the Visa stamped on your passport and enter as H1-b...but then you should not use your EAD if you want to continue to work on H1.
Please try to understand. Once you use your EAD, you lose your H status. Doesn't matter if you hold H1 from company A and work on EAD for Company B, or vice versa.
Ok, now once you start using your EAD, you are in AOS pending status. But if you want to reinstate H status, Yes..you go out of the country, get the Visa stamped on your passport and enter as H1-b...but then you should not use your EAD if you want to continue to work on H1.
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s_r_e_e
08-13 02:40 PM
who is vld rao?
bobzibub
09-19 05:55 PM
Excellent Strategy
For the lay person to understand the economic consequences of skilled immigration, one can ask what would happen if they took a million highly skilled American workers out of the economy. That would clearly be bad.
How would the removal of a million skilled non-Americans be different? The economy as a whole would take a major hit in both cases.
Cheers,
-b
For the lay person to understand the economic consequences of skilled immigration, one can ask what would happen if they took a million highly skilled American workers out of the economy. That would clearly be bad.
How would the removal of a million skilled non-Americans be different? The economy as a whole would take a major hit in both cases.
Cheers,
-b
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mhtanim
11-19 05:15 PM
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
I guess AP works like I-20s. When I came to the U.S. for the first time, the INS officer took one copy of my I-20 and stamped the other copy and gave it to me. I carried the same stamped I-20 multiple times to get into the U.S. They stamped on the same I-20 every time I got in.
I guess AP works like I-20s. When I came to the U.S. for the first time, the INS officer took one copy of my I-20 and stamped the other copy and gave it to me. I carried the same stamped I-20 multiple times to get into the U.S. They stamped on the same I-20 every time I got in.
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benbear
11-08 05:06 PM
I don't think 655K is a lot. Remember, 655K is for both EB and FB.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
CADude
03-19 11:24 PM
I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
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GC_1000Watt
01-24 09:05 PM
Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
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AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
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saravanaraj.sathya
08-24 10:51 AM
Pl post the recording I missed it.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
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insbaby
01-12 12:32 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
more...
Suvendra
01-11 01:53 PM
I am on EAD and using AC21 working for new employer.
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Nil
06-16 08:52 AM
^^^^^^^^
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ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
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krishna_brc
09-17 09:38 PM
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
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tnite
10-10 01:04 PM
Service request ?? What is that ??
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
Call USCIS and ask them to put in service request i.e internal investigation
Thenyou have to wait for 30-45 days for them to get back to you.
Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...
Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...
P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?
Thanks again guys !
Call USCIS and ask them to put in service request i.e internal investigation
Thenyou have to wait for 30-45 days for them to get back to you.
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perm2gc
09-18 12:12 PM
Folks,
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123 Hi PAN123..
is it you or your brother want to come to US... ? If you want to know various paths ask your friends in the medical colleges who will explain you everything or goto ECFMG website to get more info.
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123 Hi PAN123..
is it you or your brother want to come to US... ? If you want to know various paths ask your friends in the medical colleges who will explain you everything or goto ECFMG website to get more info.
more...
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sirinme
12-02 02:38 PM
Not sure if I can make it in person, but I will contribute $100. This is on top of my monthly contribution.
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Hermione
10-02 12:34 PM
My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?
Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.
Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.
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saileshdude
10-15 02:42 PM
I don't think it has anything to do with H1. I think its just a mistake on their part that they issued this to derivative instead of principal applicant. This is because they are asking for intended permanent employer letter and that terms of LC /I-140 is same. This seems typical of standard employment letter RFE that is issued to the principal applicant.
Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.
Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.
chapper
11-08 12:54 PM
From the pdf:
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
Major volumes of pending applications at the end of September 2007 include:
1,383,975 I-130 spouse/relative petitions;
654,864 applications to adjust status;
281,122 I-765 employment authorizations;
188,559 I-131 reentry permit/advance parole;
63,083 I-90 Green Card renewals/replacements.
654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!
According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.
gc_wow
09-16 10:43 PM
This lou dog has done much damage to our community, firing him from CNN or removing his sponsers is not going to do much. He will go to another channel and life goes on. Get this guy on our side and make him tell our story. When the dog barks point it towards enemy.
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