ashkam
03-25 08:17 AM
How come they cannot consider my EAD, Official transcripts, Graduate status letter?
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.
Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?
You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.
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usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
ashkam
03-24 11:26 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
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bijualex29
07-31 08:57 PM
>>>>
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nmdial
03-11 12:34 PM
I filled the form a week back and checked, "does not apply". Hope that helps.
smartboy75
10-17 03:51 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
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desi3933
02-26 06:13 PM
I had a 10 year multiple entry B1/B2 visa which was to expire in 2013. I got married a couple of months ago, and since my husband is on a H1B, I got a H4 visa for the next 1.5 years. My passport with the B1/B2 visa DOES NOT have CWOP (Canceled without prejudice) written on it. My question is- has my B1/B2 visa been canceled? Or is it still valid? Can I hold 2 visas for entry into the US at the same time. If it has not been canceled, can I still use it for entry into the US once I lose my H4 status? Thank you for your time.
Chitra -
It depends on your reason for seeking entry into USA. If you are going to stay as dependent of H-1B worker, you can NOT use B1/B2 visa to enter.
>> Can I hold 2 visas for entry into the US at the same time.
One can have multiple visas in the passport, but only 1 visa can be used to seek entry into USA.
>> can I still use it for entry into the US once I lose my H4 status?
Please explain the scenario.
___________________
Not a legal advice.
Chitra -
It depends on your reason for seeking entry into USA. If you are going to stay as dependent of H-1B worker, you can NOT use B1/B2 visa to enter.
>> Can I hold 2 visas for entry into the US at the same time.
One can have multiple visas in the passport, but only 1 visa can be used to seek entry into USA.
>> can I still use it for entry into the US once I lose my H4 status?
Please explain the scenario.
___________________
Not a legal advice.
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GCOP
03-30 01:52 PM
Can you please clarify about the details of POE in NJ. Thanks
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anilkumar0902
08-26 11:59 PM
got similar RFE
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
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InTheMoment
08-18 11:58 PM
So now an actual paper approval is not enough, a missing e-mail is giving you shivers :rolleyes: phew !!
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
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Desertfox
03-05 01:32 PM
They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:
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Mount Soche
12-07 09:03 AM
Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
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Ramba
05-04 06:35 PM
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
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sweet_jungle
12-04 04:56 PM
Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
I fail to see why these cases you are referring to are any worse off than many others.
I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.
I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.
We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
more...
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Britsabroad
February 27th, 2004, 09:36 AM
Sounds like traffic jams might be a good place to 'trap' (Another Royal Navy term)
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shana04
07-31 10:27 PM
I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.
myvoice23, thanks for information.
myvoice23, thanks for information.
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veni001
02-03 11:16 AM
Defensive post :)
What makes you think I am suspecting the content in that article? ;)
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
What makes you think I am suspecting the content in that article? ;)
I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.
if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!
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akred
01-01 06:40 PM
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
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kart2007
11-18 01:31 PM
I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
pappu
12-05 09:36 PM
I bet they won't let a VB programmer in!!!
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
vvrmurthy
11-21 05:08 PM
Hello tdasara,
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
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