meridiani.planum
03-12 02:46 PM
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
WTF? A red-dot for this post??? Will the coward who marked me red for this please have the decency to explain why? I have deserved red on other posts (& even got some) but what on earth was wrong here?
wallpaper Tina as Kyubi, the nine-tailed
indianindian2006
08-28 03:19 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
aranya
03-09 03:07 PM
Hi,
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
2011 Pokemon Nine Tailed Fox Naruto
wellwishergc
04-05 08:01 AM
Thank you for starting this thread.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
more...
kirupa
04-16 01:47 AM
Dean - you have posted in about 5 or 6 threads just rambling about what you don't like. If you don't like the stamp style, it's cool, try to make your own better ones ;)
Quit complaining!
Quit complaining!
dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
more...
garybanz
09-26 02:53 PM
I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.
Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)
Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?
Thanks.
Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)
Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?
Thanks.
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rustamehind
07-17 08:25 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
Do it yourself man.These lawyers are God sent.I know lot of lawyer victimes , who sent their applications a month in advance and they sent to USCIS on 2nd July and these were the folks whose date became current in June.
Do it yourself man.These lawyers are God sent.I know lot of lawyer victimes , who sent their applications a month in advance and they sent to USCIS on 2nd July and these were the folks whose date became current in June.
more...
sunny1000
04-07 03:56 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
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l8A
10-05 10:09 AM
Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
more...
chandrajp
06-19 01:18 PM
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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luckylavs
07-16 12:48 PM
hk196712 ,
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
more...
house a huge nine-tailed fox.
pointlesswait
10-09 01:20 PM
regular being Perm+140 + 1485...
can we switch to Consular processing after the 140 stage?
my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.
but then CP can be risky..;-|
Regular processing being what ? AOS ?
can we switch to Consular processing after the 140 stage?
my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.
but then CP can be risky..;-|
Regular processing being what ? AOS ?
tattoo the 9 tailed demon fox#39;s
jungalee43
03-05 11:36 AM
Something is happening on Hill. One more enforcement only bill in Senate. Its on CNN LIVE VIDEO. All senators are talking about not giving drivers license, not allowing to open bank accounts etc.
Well it is our friend from Alabama: - "individual bill is a right approach this year."
Well it is our friend from Alabama: - "individual bill is a right approach this year."
more...
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mallu
06-13 10:43 AM
Is there a chance India EB2 retrogresses to 2002 ?
dresses Naruto Nine-Tailed Fox
Googler
02-08 03:12 PM
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
more...
makeup Naruto and Nine Tailed Fox
nixstor
10-27 04:06 PM
Nah.. I think the talk to power guys skim the whole thing and ask him questions. He didnt even ask him about these issues. Now its Sen Brownback
girlfriend TIME TO GO NINE-TAILED FOX
ss777
12-17 02:30 PM
Did you mean DIA POE ?
Its Dulles International Airport (IAD) in Virginia
Its Dulles International Airport (IAD) in Virginia
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WaitingForMyGC
09-26 12:20 PM
What's the difference between a catfish and a lawyer?
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
One's a slimy scum-sucking bottom-dwelling scavenger, the other is just a fish.
prom2
09-28 08:18 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
1) Find a good lawyer with experience in ability to pay issues.
2) The company should prove ability to pay your LC salary since PD.
3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.
BTW, what is your PD?
It is just an opinion, not an advise, please consult a lawyer with experience.
Good luck.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
1) Find a good lawyer with experience in ability to pay issues.
2) The company should prove ability to pay your LC salary since PD.
3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.
BTW, what is your PD?
It is just an opinion, not an advise, please consult a lawyer with experience.
Good luck.
gimme_GC2006
08-10 08:23 AM
Good to know and thanks for the update and hope your parents are doing well ...
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
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