LostInGCProcess
09-19 05:12 PM
as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..
You can continue to work with the company from the day they apply for your H1(of from the day you get the receipt of h1 application)....you don't have to wait till you get an approved H1.
You can continue to work with the company from the day they apply for your H1(of from the day you get the receipt of h1 application)....you don't have to wait till you get an approved H1.
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gvenkat
01-07 08:29 PM
THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc
If this passes. THere would be a huge relief among people who have advanced degrees
If this passes. THere would be a huge relief among people who have advanced degrees
sanjay02
07-25 07:36 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?
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alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
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dante1271
08-05 07:01 PM
Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?
belmontboy
01-09 04:08 PM
Its like going to tirupati and asking people if they have seen any mottai's [mottai - tamil, meaning shaved head].
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
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royus77
07-12 06:58 PM
fellow legal immigrations - this is my first posting on immigrationvoice.
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!
now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:
clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
peace!
You are trying to fight against Business Lobby ...It wont work
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LostInGCProcess
09-04 01:25 PM
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
That is because of the computers at work as opposed to humans. When USCIS revoke I-140, it triggers NOID for the I-485 that is attached to the I-140, automatically.
That is because of the computers at work as opposed to humans. When USCIS revoke I-140, it triggers NOID for the I-485 that is attached to the I-140, automatically.
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bigtime008
07-18 01:41 PM
I don't think it's going to work again plus its only going to annoy people at USCIS as they have to assign someone to accept and trash those flowers.
Atlanta PERM Center belongs to DOL not USCIS
Atlanta PERM Center belongs to DOL not USCIS
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DesiGuy
08-17 10:01 AM
hi guys,
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
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Gravitation
07-20 02:19 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
Yes, I believe you can apply for EAD yourself
AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.
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sabudanawada
02-27 03:20 PM
once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
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seahawks
06-29 11:30 PM
Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.
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LostInGCProcess
08-26 01:20 PM
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
Well, that was precisely my question...and I think your example fits perfectly with my scenario.
My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.
She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.
So, Little_willy, is it okay???:confused:
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bhayzone
05-01 08:21 PM
First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
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Prasad_FL
08-05 12:03 PM
Last year I renewed my passport in Houston thru usps mail. They took 5 weeks for me. Even if you go in person, they would take 2 days for processing. Check with the consulate.
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krishnam70
07-18 12:34 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
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masti_Gai
10-26 10:22 AM
last year i applied for H1 transfer in the midweek of Oct-05 and got the approval on mid week of Feb-06. :cool:
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piyu7444
04-01 02:37 PM
Hi Vinnysuru
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
meridiani.planum
03-06 02:28 PM
My Company is switching me to EAD and will cancel my H1. Saying that H1 is more expensive to maintain... They'll pay for my EAD renewal also... Anyway don't have a choice here unless I switch...
My question is that my lawyer told that Iam allowed to work up to 120 days post EAD expiry if EAD renewal is delayed... They'll file 90 days before current EAD expiry..
Does this sound okay.. Anyone heard anywhere that its allowed to work upto 120 days of EAD expiry pending EAD renewal??
you cannot work past EAD expiry. Does not matter if renewal is delayed. You need to stop working.
You can file upto 120 days in advance of current EAD expiry. 90 days seems a little tight looking at demand (tons of July filers) but will probably be ok. Dont cut it any closer than that.
My question is that my lawyer told that Iam allowed to work up to 120 days post EAD expiry if EAD renewal is delayed... They'll file 90 days before current EAD expiry..
Does this sound okay.. Anyone heard anywhere that its allowed to work upto 120 days of EAD expiry pending EAD renewal??
you cannot work past EAD expiry. Does not matter if renewal is delayed. You need to stop working.
You can file upto 120 days in advance of current EAD expiry. 90 days seems a little tight looking at demand (tons of July filers) but will probably be ok. Dont cut it any closer than that.
Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
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