InTheMoment
02-06 11:53 PM
Senthil,
If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !
If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !
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eb3retro
02-06 11:17 PM
I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...
Krilnon
11-20 03:06 PM
It's fairly likely, since the judges will have made their selections before the weekend. I guess it depends on what Kirupa has planned for the weekend. :sure:
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manjunathk
07-18 01:00 AM
Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.
more...
bmoni
08-19 07:37 PM
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
Thanks,
tnite
08-03 10:28 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....
maybe they meant 07/1/2007
Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....
maybe they meant 07/1/2007
more...
arnab221
11-21 03:09 PM
The airlines generally take them away and send it to USCIS.
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arihant
02-15 05:32 PM
http://www.foreignlaborcert.doleta.gov/
I found this on the DOL's website above.
Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.
I read through the text below it briefly and did not find any more interesting info.
Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.
I found this on the DOL's website above.
Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.
I read through the text below it briefly and did not find any more interesting info.
Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.
more...
pappu
10-11 12:30 PM
The intent is to keep the issue of immigration alive till the elections so that there is a chance for any Immigration bill after elections. There are several other pressing issues faced by the nation and Immigration is just one of them. It may not be #1 priority now. The lameduck is very important if something needs to be done on Immigration. The results of Nov elections will also influence what kind of Immigration reform is possible. There is also pressure on the President to act on such national issues. Read Obama Is in the Jaws of Political Death: Can He Survive? - Yahoo! News (http://news.yahoo.com/s/time/08599202471800)
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ritwik_ind
11-16 03:17 AM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
great... Thanks kirupa.
:)
great... Thanks kirupa.
more...
Steve Mitchell
October 12th, 2003, 09:31 PM
I love that dandelion. It has an "otherworlddy" look to it.
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David C
July 28th, 2005, 04:39 AM
Thanks,
And I agree
(both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )
And I agree
(both about the advantages of idea sharing, and that I think I might have darkened it a little too much past the 'ideal' point -
though as you say it is hard to judge such things exactly, when all our monitor calibrations will differ...
In a similar vein, mine looks a touch darker, and the greens a little flatter, viewed here in Explorer than when it was in Photoshop :confused: )
more...
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tonyHK12
11-24 10:10 AM
The critical mass drives the unity. The indian community is lot lot smaller and even if united it will lack the critical mass. That itself drives them to persue individual subgroup interest by joing other interest groups thereby disuniting. The 90s was the period when
hispanic community got united especially after Pete Wilson in Califonia and in US. There was major naturalization drive and voting effort.
Yes true, besides we as a crowd are generally very diverse among ourselves.Well the 1986 amnesty did give them a lot of motivation to come together.
More reasons for motivation
Net jump in value of an illegal jumping the border = $20,000-$60,000+ a year 100%-500%+++
Net benefit to legal after GC = $500-$5000 a year 1-5%
hispanic community got united especially after Pete Wilson in Califonia and in US. There was major naturalization drive and voting effort.
Yes true, besides we as a crowd are generally very diverse among ourselves.Well the 1986 amnesty did give them a lot of motivation to come together.
More reasons for motivation
Net jump in value of an illegal jumping the border = $20,000-$60,000+ a year 100%-500%+++
Net benefit to legal after GC = $500-$5000 a year 1-5%
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wandmaker
11-01 10:27 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
more...
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hate_me
03-28 03:39 PM
Need a drop down for page list so that you click on that dropdown list click page number and it take you to that page, instead of clicking through the current pagination for couple of dozens of time, and also if possible need two options in pagination like << and >> once clicked on that it takes you 5 or 10 or some fixed number of pages ahead or behind. This is just a suggestion, and it doesn't take away the hard work and efforts taken by team whom developed it, kudos to them. :)
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rameshvaid
07-02 09:05 PM
Thanks! Will I be out of status immediately? How much time do I have to leave the country?
If you file for MTR with in 30 days you should be fine till the case is adjucated.
As long as MTR is filed u r not out of status.
Good Luck..
RV
If you file for MTR with in 30 days you should be fine till the case is adjucated.
As long as MTR is filed u r not out of status.
Good Luck..
RV
more...
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David C
August 8th, 2005, 10:43 PM
A good technique idea - sort of a customisable ND filter in result.
This is also a bit of a strange co-incidence for me - in that I had just finished doing a couple of Quantum Mechanics thought experiments using the idea of crossed linear polarizers combined with beam-splitters and then read this thread...
This is also a bit of a strange co-incidence for me - in that I had just finished doing a couple of Quantum Mechanics thought experiments using the idea of crossed linear polarizers combined with beam-splitters and then read this thread...
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vxg
09-10 03:42 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
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TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
insbaby
07-17 08:02 AM
Hello freinds :
I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.
This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.
Has anyone been throught the same or similar situation ?
This is my third employer and third GC attempt in the 11yrs I have been in this country.
Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.
You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.
If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.
On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.
It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.
So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:
I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.
This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.
Has anyone been throught the same or similar situation ?
This is my third employer and third GC attempt in the 11yrs I have been in this country.
Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.
You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.
If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.
On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.
It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.
So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:
saketkapur
07-06 02:50 PM
But I did have a valid H1B stamp in my passport at the time of entry......
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
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