milmuk
02-06 07:35 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
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student79
03-30 03:58 PM
She will be going to full time dental school, and this course does not have credit system and it is flat 2 year course.
and for this course there is not in-state fee, fee is same for either for in-state resident or student coming from outsidde, this couse is specially desinged for internation trained dentist.
and mai reason is I want to change her status on F1 is , if by any reason if I am out of H1B she will be NOT effected and as well she will be eligible for part time work also and more important she will get 1 yr opt option at the end of course.
and for this course there is not in-state fee, fee is same for either for in-state resident or student coming from outsidde, this couse is specially desinged for internation trained dentist.
and mai reason is I want to change her status on F1 is , if by any reason if I am out of H1B she will be NOT effected and as well she will be eligible for part time work also and more important she will get 1 yr opt option at the end of course.
gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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a_yaja
07-25 05:13 PM
Hello folks,
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
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a1b2c3
10-02 11:24 AM
Dec Bulletin will see EB categories being opened up. Don't think there will be any change in Nov Visa bulletin.
va_dude
04-09 12:02 PM
may bulletin takes effect from May 1.
so until then the april bulletin works and as per that your dates are current. so ur good.
have fun with ur gc.
so until then the april bulletin works and as per that your dates are current. so ur good.
have fun with ur gc.
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franklin
11-16 04:56 PM
If you have applied for AOS (1-485) your application will continue processing regardless of Priority Date becoming current.
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
However, and this is the important bit, you will only get your final approval (aka greencard in the mail) if a visa number is allocated to you. That only happens when you Priority Date is current (in the vast majority of cases, unless you were incredibly lucky and got a visa number allocated to you before Aug 17th - you would have your greencard by now if that were the case).
FWIW - this is how a lot of applications were approved in May / June time. A lot of people had been waiting a long time (since 05 before retrogression hit) with approved applications pending visa number availability. Suddenly, they became available, and they got their cards quickly.
Consider it this way. A lot of people appllied for AOS in 05 before retrogression. Their PD then became retrogressed and they were stuck in the yearly EAD / AP renewals, waiting for their PD to become current again for their GC to be approved. This happened for a brief window in May / June / July (depending on your PD / country ect) and then they got approval. Anything ringing a bell in this pattern?
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amirani
03-06 01:42 PM
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
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prabirmehta
03-22 11:25 AM
Thanks, I'll call Senator Chambliss' office and try to request a meeting.
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GCapplicant
10-01 10:14 AM
As a point of revenge ,let's see what the anti's do this time.Let the CIR go thru...no doubt in that...as both the parties love illegals.
Atleast the Anti's will face a failure in few months.A small :)
We will be on Q :p as usual.Who care's...Life goes on.
Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.
Atleast the Anti's will face a failure in few months.A small :)
We will be on Q :p as usual.Who care's...Life goes on.
Of course USCIS has to upgrade - A load of application are going to flood them ...DOL will also work as fast as they can.
more...
whitecollarslave
02-12 12:28 AM
As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.
Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.
We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.
Here are some suggestions for short messages -
I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.
I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.
I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.
Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.
We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.
Here are some suggestions for short messages -
I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.
I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.
I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.
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xlxoel
05-20 09:16 PM
Hi everybody!
I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:
Receipt Number: XXXXXXXXXX
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
I applied ONLINE this time.
My last year parole expired on May 3rd 2009.
What type of evidence can they ask for a travel permit?
Someone on the same boat?
I also got an email about my I-140 five days before saying:
Receipt Number: XXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 15, 2009 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.
I haven't received any of the letters!
I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:
Receipt Number: XXXXXXXXXX
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD
On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.
I applied ONLINE this time.
My last year parole expired on May 3rd 2009.
What type of evidence can they ask for a travel permit?
Someone on the same boat?
I also got an email about my I-140 five days before saying:
Receipt Number: XXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 15, 2009 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.
I haven't received any of the letters!
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ImmInd
02-19 05:07 PM
FYI: Reg. EAD, AP and H1 usages and Extension possibilities:
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
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gc_on_demand
12-09 11:04 AM
Is there any hope for us...
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
more...
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chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
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Viktor
07-12 08:34 AM
Tancredo Announces 'Overdue' Immigration Reform
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007
(CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.
Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47
http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070712b.html, By Nathan Burchfiel, CNSNews.com Staff Writer, July 12, 2007
(CNSNews.com) - Rep. Tom Tancredo (R-Colo.) on Wednesday announced plans to introduce legislation that would overhaul the U.S. immigration system by placing tighter restrictions on legal immigration and increasing pressure on illegal immigrants currently in the country to leave.
Full article posted at http://immigrationvoice.org/forum/showthread.php?t=4805&page=47
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qtoask
07-11 01:03 AM
Its support of every single person who has the heart made it possible... You can pat on your back!!!
English_August : well done co-ordinating...I salute you guys!
English_August : well done co-ordinating...I salute you guys!
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Michael chertoff
02-16 08:48 AM
i was sure some one will come with this info...let the fight begin..:d
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rameshvaid
04-09 04:30 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
cc123
10-04 04:31 PM
From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?
me_myself
03-05 03:06 AM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
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