nousername
02-25 04:35 PM
You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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sundevil
07-11 01:58 PM
May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.
Just Kidding :) But interesting though.:cool:
Just Kidding :) But interesting though.:cool:
gnutin
02-22 12:21 PM
If you have the native font installed on your system, you can type in native alphabet on the DS-160. I did this on a Mac and it was pretty straightforward. Simply choose the Devanagari-QWERTY font and type the name like you would in English and it did a good job. Another option is to copy-paste from a website that has your name in native alphabet. Wikipedia is your friend if you decide to do that.
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zCool
04-02 11:39 AM
Paystub is really required document in tax law.
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"
http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html
If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.
Put his name on the boards annonymously..
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"
http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html
If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.
Put his name on the boards annonymously..
more...
skynet2500
10-19 01:00 PM
Hello,
My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.
I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.
Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.
Obviously I am worried sick,
Any help, pointers, suggestions are much appreciated.
Thanks,
Few Suggestions..
Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..
- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office
Good Luck.
My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.
I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.
Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.
Obviously I am worried sick,
Any help, pointers, suggestions are much appreciated.
Thanks,
Few Suggestions..
Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..
- Contact ombudsman office
- Contact local senator office.
- Contact local congressman office
Good Luck.
ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
more...
JazzByTheBay
06-20 09:34 PM
- Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
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transpass
02-19 05:44 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
more...
RamBihari
02-16 03:59 PM
If each state in India were a country
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
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deepakjain
07-22 05:42 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
more...
Fightwithfate
03-15 10:08 AM
Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
Hi Thank you all,
Today (03/15/2010) my employer got Receipt No mail from VSC. It says that VSC Received date is 03/12/2010 and the count of 15 days will start from 03/12/2010.But FedEx Delivery date is 03/04/2010.
Does they process premium processing like this?
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CheckRaise
10-12 11:28 AM
If I were you I wont try and get confrontational with the employer HR or attorneys as
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
more...
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mpsamant
07-24 06:32 PM
Dear IV:
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
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vivekm1309
01-26 02:57 PM
Exactly, if $ 600 check per tax payer is being talked about to stimulate the economy, as one of measures ...I think it makes sense to push thru our point too ...
I will PM Jansilal as he suggested & meanwhile trying to contact my friends in Wall street to get the contact details for these popular Business journos.
I will PM Jansilal as he suggested & meanwhile trying to contact my friends in Wall street to get the contact details for these popular Business journos.
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maximus777
03-04 05:49 PM
Dont think so. If you have tech skills, might want to try your luck with H1-B circus.
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sapota
10-18 05:59 PM
I have got EAD and AP.I think i would not have got them if the 140 is not filled.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
Did you try calling USCIS customer service number? You just have to get lucky. Some customer service people are nice & some are just plain rude. (I have had both experiences just today )
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
Did you try calling USCIS customer service number? You just have to get lucky. Some customer service people are nice & some are just plain rude. (I have had both experiences just today )
more...
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realizeit
10-19 02:21 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
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chantu
02-19 01:54 PM
Anybody?
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
I have one question:
My wife is currently working on EAD. I am a primary applicant. Can she apply for H1-B without jeopardizing our GC application?
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Alabaman
07-11 05:03 PM
I am not making fun of anybody... I didnt write that. I dont even know the rep in question. Thats from ilw.com. Immigrations lawyers or something like that. This is more like a press article I am bringing to your attention.
Green.Tech
03-04 06:18 PM
Is there anything i can do on H4 visa??
Troll alert!
Troll alert!
ras
07-12 07:29 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
I guess u could interfile with the first 140
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
I guess u could interfile with the first 140
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