ameryki
10-07 11:59 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
No risk associated with filing AP at all
You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work
You cannot be on H4 and EAD either or
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cygent
04-10 03:14 PM
Going the earned path would not alienate many members who may not have contributed recently - but nevertheless are still contributing otherwise. People who have contributed in the past can be retroactively given access for a month for every $25 they've contributed.
gaz, I have contributed before, but I am still unable to access some posts. Could that be a problem with the website or am I not understanding you right :confused:? Thanks.
gaz, I have contributed before, but I am still unable to access some posts. Could that be a problem with the website or am I not understanding you right :confused:? Thanks.
spdy_mn
05-30 07:03 PM
I wonder at what point of time this "three years of U.S. work experience" applies from. Is it that you should have 3 yrs exp when you applied for labor or is it when you apply for 485??
If you have an approved visa (I-140) and 3 years exp then you can apply for adjustment of status (I-145) . Because of the virtue of your 3 years of US work exp you are exempt from the availability of visa numbers (quota). Labor doesnt come into play here, you still have to have an approved I-140.
This is my understanding and I don't think this amendment will see the daylight.
If you have an approved visa (I-140) and 3 years exp then you can apply for adjustment of status (I-145) . Because of the virtue of your 3 years of US work exp you are exempt from the availability of visa numbers (quota). Labor doesnt come into play here, you still have to have an approved I-140.
This is my understanding and I don't think this amendment will see the daylight.
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ujjvalkoul
05-31 05:10 PM
Correct....I am already forgetful and muddleheaded over the course of teh last few months....
So help us God!
So help us God!
more...
neelu
06-09 10:34 AM
I replied to the EB3_Nepa's first post saying that we probably should support killing this bill and try to attach our amendments to other bills.
And then I saw posts from others saying there were 700000 faxes from anti immigrant groups to kill the bill. And we barely managed to send some 10000 to 20000.
Like someone else said we seem to fighting their huge swords with our toothpicks. With a member strength of 14000, we will not be able to fight their web fax camaigns with any bill this year (even appropriations bills etc.).
So I come to this conclusion (which IV pundits probably arrived at long back) - the only way we can fight the anti immigrants is by aggressive lobbying. We have only 14000 members, but we together can contribute like we are a 700000 membership. And then we could think about hiring more than one lobbying firm if that helps, otherwise apply more pressure through the one we currently use.
This is the only way, I feel we can get anything done this year, because increasing membership takes a longer time than raising funds, and we dont have time!!!!
And then I saw posts from others saying there were 700000 faxes from anti immigrant groups to kill the bill. And we barely managed to send some 10000 to 20000.
Like someone else said we seem to fighting their huge swords with our toothpicks. With a member strength of 14000, we will not be able to fight their web fax camaigns with any bill this year (even appropriations bills etc.).
So I come to this conclusion (which IV pundits probably arrived at long back) - the only way we can fight the anti immigrants is by aggressive lobbying. We have only 14000 members, but we together can contribute like we are a 700000 membership. And then we could think about hiring more than one lobbying firm if that helps, otherwise apply more pressure through the one we currently use.
This is the only way, I feel we can get anything done this year, because increasing membership takes a longer time than raising funds, and we dont have time!!!!
mirage
02-11 03:16 PM
I agree with you 100%. As this is true, lawmakers are very well aware of our grief, but none of them is saying it. They want to oppose legals in the name of opposing illegal immigration bills. If you look at CIR in 2006. First they put legals in the bill with illegals, then they oppose illegals, ultimately the result is no legal immigartion too. Nothing is getting passed in the congress for the legal immigration. what does it tell ?
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
more...
alex77
12-03 02:43 PM
bumping...
Will be interested to know the response to Class of Admission..
Will be interested to know the response to Class of Admission..
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dba9ioracle
06-26 09:57 AM
You should be very happy that it was approved quickly. I did not get my EAD which was applied in July 2007 and it is been more than 320 days...
more...
nagamani
06-11 06:41 AM
Dear friends
Please do not get over excited. This may get retrogressed. These are temporary.
All we need is Bill passed.
Focus on that.
Please do not get over excited. This may get retrogressed. These are temporary.
All we need is Bill passed.
Focus on that.
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logiclife
07-05 11:00 AM
Guys, temper your expectations. Cust Service Rep at USCIS are not trained to answer the questions that pertain to things like visa bulletin's effective date and whether or not they will accept the ones or reject the ones on July 2.
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
Cust Service Rep is for general information for those who cant or wont use the USCIS website and other sources of information on the internet. Or for those who dont speak English.
Cust Service is not intended to provide complex answers. Last I heard, even the Vermont service center folks didnt know about bulletin revision and they were turning down 3-year extension requests for H1 visas thinking that the bulletin is current until confronted by lawyers who said that bulletin is unavailable and now there is reason to give out 3 year extensions instead of 1 year extensions.
If Vermont service center was unaware of visa bulletin revision, then what do you expect from a Cust Service Rep who is trained to answer questions that cover information that can be fit in 20 pages ??????
more...
mshelat
05-28 05:30 PM
That's great news. You can apply for the stimulus payment next year.
Do you think this applies universally or just one off?
Do you think this applies universally or just one off?
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permfiling
01-08 11:17 PM
Hi folks,
I used to work in company A where my I-140 got approved but I was laid off. Now I am with company B in a higher position and pay but B has delayed filing my PERM. As the economy is bad so I am looking to go back to A and file 485 when PD is current. I need to give a copy of H1 for transfer from B to A. Will i be needing the original H1 copy from B at any time as B gave me a copy not the original (weird).
Thanks
EB2 : 10/05
I used to work in company A where my I-140 got approved but I was laid off. Now I am with company B in a higher position and pay but B has delayed filing my PERM. As the economy is bad so I am looking to go back to A and file 485 when PD is current. I need to give a copy of H1 for transfer from B to A. Will i be needing the original H1 copy from B at any time as B gave me a copy not the original (weird).
Thanks
EB2 : 10/05
more...
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harsh
03-17 09:45 AM
The link is not working dude. IS anyone able to access the link?
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BhanuVegi
05-18 06:56 PM
Done
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dixie
02-12 05:38 PM
We do NOT support H1b increase without first reforming the EBsystem - we are neutral on this issue. There is nothing for us to gain by either supporting or opposing H1-b increase. We cannot support it because it worsens retrogression. We cannot oppose it for the simple reason that we are ourselves on H1-B. If someone thinks H1-B is bad, then how on earth can you justify giving GCs to these H1-Bs ? Why don't we start by deporting ourselves then ?
The reason zazona and numbers USA are "successful" is simply because they are citizens groups - and they have a sympathetic audience of folks who lost their jobs, as well as sympathetic mouthpieces like Lou FOULMOUTH. Politicians are bound to give weightage to these people's concerns (valid or not) if they wish to remain in power.
Lets leave H1-B bashing as an exercise to the zazona,foulmouth and co. We have scarce resources to begin with as it is, and they are best spent on something constuctive.Unfortunately, we do not seem to have any shortage of ideas on what new items IV should be working on.
Its actually the strategy that is wrong. The numbersusa
, zazzona etc is also a very small group but they use
right strategy.
At one hand you support H1b increase and also want greencard reform.
Those are contradictory things. Unless IV starts working against further
H1B incease , then only Corp America will start working on EB reform.
actually thats the reason I like unitednations. Whats he says is very true
(yes not very pleasant)
The reason zazona and numbers USA are "successful" is simply because they are citizens groups - and they have a sympathetic audience of folks who lost their jobs, as well as sympathetic mouthpieces like Lou FOULMOUTH. Politicians are bound to give weightage to these people's concerns (valid or not) if they wish to remain in power.
Lets leave H1-B bashing as an exercise to the zazona,foulmouth and co. We have scarce resources to begin with as it is, and they are best spent on something constuctive.Unfortunately, we do not seem to have any shortage of ideas on what new items IV should be working on.
Its actually the strategy that is wrong. The numbersusa
, zazzona etc is also a very small group but they use
right strategy.
At one hand you support H1b increase and also want greencard reform.
Those are contradictory things. Unless IV starts working against further
H1B incease , then only Corp America will start working on EB reform.
actually thats the reason I like unitednations. Whats he says is very true
(yes not very pleasant)
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jonty_11
02-12 03:50 PM
Well they are also shouting about Nurse shortage just like Corporate America is shouting about shortage of H1Bs.
Actually there is also a severe shortage of Doctors in US. However
unlike "American Academy of Nursing" where medical industry
has strong influence. AMA is for doctors but they lobby for doctors and not
the medical industry and time and again they have acted to:
1) reduced the medical procedures that nurses can do for their own selfish interests
2) deliberatly crafted the residecy rules to make it very hard for foreign doctors to get licensed in US.
3) AMA has a kind of alliance with another very powerful lobby
(pharma Lobby)
AMA (doctors) in turn says that imported drugs from canada are unsafe.
In turn pharma lobby backs the AMA lobby interests.
So what can IV work realistically:
Work against any increase of H1B or try to reduce it.
Work against EB visa grap by Schedule A
They only IV will be heard. Unless you set their houses(vested interests)
on fire then only you will be heard.
Look at History. Till we started the non cooperation movement, British Govt did not care for India's
independence. In World War 1 they gave a false promise of independence if Indian National Congress (INC)
cooperated. Eventually with the non cooperation movement, the idea of keeping India as a colony became
fiancially unviable. Also britian was broke due to the 2 world wars.
Yes, I agree...we need some sort of intelligent Non -Cooperation Movement...
But I am afraid when we cannot stand united on this group- with only 200-400 or so of the 9000 contributing, I am not even sure what kind of Non Cooperation will work here.
We need to get United,,, that is the need of the hour..
Actually there is also a severe shortage of Doctors in US. However
unlike "American Academy of Nursing" where medical industry
has strong influence. AMA is for doctors but they lobby for doctors and not
the medical industry and time and again they have acted to:
1) reduced the medical procedures that nurses can do for their own selfish interests
2) deliberatly crafted the residecy rules to make it very hard for foreign doctors to get licensed in US.
3) AMA has a kind of alliance with another very powerful lobby
(pharma Lobby)
AMA (doctors) in turn says that imported drugs from canada are unsafe.
In turn pharma lobby backs the AMA lobby interests.
So what can IV work realistically:
Work against any increase of H1B or try to reduce it.
Work against EB visa grap by Schedule A
They only IV will be heard. Unless you set their houses(vested interests)
on fire then only you will be heard.
Look at History. Till we started the non cooperation movement, British Govt did not care for India's
independence. In World War 1 they gave a false promise of independence if Indian National Congress (INC)
cooperated. Eventually with the non cooperation movement, the idea of keeping India as a colony became
fiancially unviable. Also britian was broke due to the 2 world wars.
Yes, I agree...we need some sort of intelligent Non -Cooperation Movement...
But I am afraid when we cannot stand united on this group- with only 200-400 or so of the 9000 contributing, I am not even sure what kind of Non Cooperation will work here.
We need to get United,,, that is the need of the hour..
more...
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ssingh92
03-14 01:51 PM
I know two cases that stuck in porting to EB2 from EB3. They received audit. They provided all info but yet to receive any response. Its over a year. Port only when you have all papers in hand and your Employer and Attorney will provide good support. My company refused to convert into EB2 and also they done want to provide any I140 and labour info.
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walking_dude
10-16 11:35 AM
Michigan members, We Offer You a Meet You Cannot Refuse
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mbawa2574
07-17 07:47 PM
Anyone in this situation would have expressed frusturation. He did this in BEC forum. I don't see a reason to ban him. Please....
Aman/Ashish if you can jump in and unban him.
Aman/Ashish if you can jump in and unban him.
kate123
02-14 10:14 AM
Advantages of applying AOS when PD is not current
1. No H1 extension needed (especially these days believe me its a nightmare)
2. No visa Stamping needed (BIG BIG Night mare)
3. spouse can work
4. Dont have to worry about LCA blaw blaw blaw. especially after seeing the recent arrests
5. during layoff do not have to start GC process (in this case AC21 can be used)
6. WE CAN CHANGE TO EAD WHEN ANTI IMMIGRANTS CRY ABOUT H1 AND IN THIS ECONOMY DO NOT SURPRISE IF H1 IS COMPLETELY SCRAPPED.
8. Can do two jobs at a time (in this economy its difficult, but this is possible if you are using EAD)
9. You can work for TARP Companies (There are about 360 bail out banks... so you can work for any of these banks if using EAD)
10. BIG ADVANTAGE... IF YOU ARE APPLYING EARLY IT IS VERY MUCH POSSIBLE FOR DHS/CIS TO DO ALL THE BACK GROUND CHECK/NAME CHECK WELL IN ADVANCE. AS AND WHEN A VISA # IS AVAILABLE, IT CAN EASILY BE ASSIGNED TO THE APPLICANT. THIS WAY CIS CAN BE EFFECIENT AND WILL NOT WASTE VISA's
11. More can be added to the list
Again I do support others who say that AC21 job titles clause should be relaxed... All I am saying is one step at a time and more over there is a compaign already in progress.
ALSO numbers really matter. There are lots and lots of my friends who are using AC21 with out any problem.
Seniors Please advice
Thanks a lot,
Kiran :)
I'm hoping this does come through. This is a great step and I'm surprised that the Secretary brought this up on her own. However, hydboy's point is true. This will be most useful if AC21 is honored by USCIS. Kiran's point about convenience for visa stamping doesn't move me. The biggest advantage of applying for AOS is being able to move jobs after 6months using AC21. Anyway, I guess it all depends on the numbers. How many people have had issues with AC21 versus how many have had no issues with AC21. Also in almost everything in life, the ones with negative experience will be more vocal than the the ones who've had a positive experience.
1. No H1 extension needed (especially these days believe me its a nightmare)
2. No visa Stamping needed (BIG BIG Night mare)
3. spouse can work
4. Dont have to worry about LCA blaw blaw blaw. especially after seeing the recent arrests
5. during layoff do not have to start GC process (in this case AC21 can be used)
6. WE CAN CHANGE TO EAD WHEN ANTI IMMIGRANTS CRY ABOUT H1 AND IN THIS ECONOMY DO NOT SURPRISE IF H1 IS COMPLETELY SCRAPPED.
8. Can do two jobs at a time (in this economy its difficult, but this is possible if you are using EAD)
9. You can work for TARP Companies (There are about 360 bail out banks... so you can work for any of these banks if using EAD)
10. BIG ADVANTAGE... IF YOU ARE APPLYING EARLY IT IS VERY MUCH POSSIBLE FOR DHS/CIS TO DO ALL THE BACK GROUND CHECK/NAME CHECK WELL IN ADVANCE. AS AND WHEN A VISA # IS AVAILABLE, IT CAN EASILY BE ASSIGNED TO THE APPLICANT. THIS WAY CIS CAN BE EFFECIENT AND WILL NOT WASTE VISA's
11. More can be added to the list
Again I do support others who say that AC21 job titles clause should be relaxed... All I am saying is one step at a time and more over there is a compaign already in progress.
ALSO numbers really matter. There are lots and lots of my friends who are using AC21 with out any problem.
Seniors Please advice
Thanks a lot,
Kiran :)
I'm hoping this does come through. This is a great step and I'm surprised that the Secretary brought this up on her own. However, hydboy's point is true. This will be most useful if AC21 is honored by USCIS. Kiran's point about convenience for visa stamping doesn't move me. The biggest advantage of applying for AOS is being able to move jobs after 6months using AC21. Anyway, I guess it all depends on the numbers. How many people have had issues with AC21 versus how many have had no issues with AC21. Also in almost everything in life, the ones with negative experience will be more vocal than the the ones who've had a positive experience.
asathuluri
07-16 05:10 PM
I had FREE company attorney but decided to file 485 etc. myself & it was so much better. You can easily do 140-485 etc yourself. Call me & I will tell you.
If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.
It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV
Best wishes
I am tired of my company lawyers. They did not file my 485 when my PD became current in June bulletin. I gave all the documents required. I missed an opportunity big time. Even now they are not responding when i ask them when will they file my application. After reading the msgs posted in this forum i am confident that i can do 485 myself. What is your # that i can call in case i have any qs?
If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.
It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV
Best wishes
I am tired of my company lawyers. They did not file my 485 when my PD became current in June bulletin. I gave all the documents required. I missed an opportunity big time. Even now they are not responding when i ask them when will they file my application. After reading the msgs posted in this forum i am confident that i can do 485 myself. What is your # that i can call in case i have any qs?
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