panky72
06-24 04:51 PM
A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.
I can't find the document, but he swears that he read it..
Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.
I can't find the document, but he swears that he read it..
Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.
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jsb
07-20 09:59 AM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
vik352
03-20 12:40 PM
Hi,
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:
1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.
My question is
1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).
Any input is appreciated.
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patriot01
09-25 02:20 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
more...
techskill
07-10 10:18 AM
I filed my AP on April 29th,2008. I had one LUD on July 8th , the status was case pending and another one today,today status changed to
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
vinmes
10-23 02:47 PM
Bono, did you ever visit http://voice123.com/ to offer your voice over services? You can put your demos there and those needing voice actors can find you. Good luck.
more...
Pagal
04-06 05:48 AM
Hello,
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
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gcnirvana
06-27 06:51 PM
From Immi-Law:
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
more...
belmontboy
05-27 05:18 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
There is a similar thread on this issue.
http://immigrationvoice.org/forum/showthread.php?t=2204
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
There is a similar thread on this issue.
http://immigrationvoice.org/forum/showthread.php?t=2204
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immigrationvoice1
02-25 10:36 AM
I do not have the URL to the USCIS document but know for sure that this requirement has been discontinued from Nov 2007.
more...
senthil1
05-01 09:32 AM
Many people might have lost job because of last year rally. Here I heard one of company in Chicago area fired all the illegal immigrants in last year immeditely after rally. So this kind of things may not be necessarily positive.
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
If Illiegals can protest and can have large rallies across the nation then whats the problem with the legals? Why can't we put our point forward through these kind of peaceful but strong measures.:confused:
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voldemar
04-30 05:32 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
No, no need.
No, no need.
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gcdreamer05
12-10 05:50 PM
Hi Folks,
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
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number30
08-23 07:26 PM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
more...
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sd1020
02-26 02:11 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Thank you very much.
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zone.zo786
04-23 05:28 AM
No one here could possibly know. The FULL price is probably going to be around $900 a month. But his employer would pick up, usually at least half the cost for HIS coverage - or around $250ish.
more...
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theoneit
02-14 05:30 PM
hi,
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
I am a little confused on my case. This is how it is:
I recently got married and am back in the US. My wife is employed in India and shall be filing for her H1 this year(Apr08).
At the same time,given the unsurity of H1,we shall also be going for her H4 Visas in Mar-Apr so that she can be here in the US,ASAP.
I have a few doubts/questions:
1) Since her H1 would be filed on April 1st,do I need to wait till April 1st before going for her H4 so that her application stands clean ?
and
If I go for her H4 before April 1st(say March 29th),does her H1 filing need the H4 details ?
Also,assuming during her H1 filing she didnt have H4 and then gets her H4(say on Apr 2nd) and comes to the US. Assuming her H1 gets approved,does she have to leave the country and get her H1 stamped for change of Visa from H4 to H1(note at the time of H1 application she didnt have her H4 Visas) ?
I hope I am able to explain my confusion well. Any help on this is appreciated.
Thanks !!
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MannyD
10-02 12:52 PM
I don't see any relevance of this Bill to our cause. What's the point in posting this here? Or am I missing something?
Congress Passes Border Fence Bill
from: http://www.numbersusa.com/index
Amnesty/Guestworker Programs Denied Before the Election
(September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.
This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.
Congress Passes Border Fence Bill
from: http://www.numbersusa.com/index
Amnesty/Guestworker Programs Denied Before the Election
(September 30): Late Friday evening, the Senate passed H.R. 6061, the Secure Fence Act, by a 80-19 vote. The House had previously passed H.R. 6061 by a vote of 283-138-1 on September 14. It will now go to the President for signature. No further immigration-related action is expected in either chamber prior to the election.
This is a great victory, but much more needs to be accomplished. When Congress begins its post-election session on November 13, the push will begin again to pass additional enforcement measures, such as mandatory workplace employment verification and mandatory federal cooperation with state/local law enforcement, and to prevent amnesty and temporary worker programs from being revived.
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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brij523
03-02 06:10 AM
If the company has processed your H1-B and they have fired you. Probably you are entitled for return fare to your home country. Because somewhere under some clause of H1B application, company has to sign that they will give return ticket to employee when the work is done. Please do some home work. Go to USCIS site and look for details needed to file H1-B application. Or if you have your H1 paperwork, look into it. You will stumble on something.
wandmaker
05-12 04:04 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
I am afraid not, you will have to talk to a tax consultant
I am afraid not, you will have to talk to a tax consultant
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