panky72
06-24 04:51 PM
A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.
I can't find the document, but he swears that he read it..
Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.
I can't find the document, but he swears that he read it..
Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.
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indianindian2006
04-12 04:13 PM
Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.
speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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a_yaja
08-17 05:06 PM
Thanks for your reply. What does DMV care about to decide till when the license will be valid?
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.
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kevinkris
12-11 01:35 PM
Hi Nikith,
I guess we get FP for 485. Not for EAD or even AP.
You will get second (or even third or fourth...) Finger print notice(s)
until you get GC every 15 or 18 months.
They need to renew their FP database.
Hope this helps.
Thanks
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
I guess we get FP for 485. Not for EAD or even AP.
You will get second (or even third or fourth...) Finger print notice(s)
until you get GC every 15 or 18 months.
They need to renew their FP database.
Hope this helps.
Thanks
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
nashorn
08-12 04:53 AM
One can have more than one H1B at a time. So you can ask the second company file for transfer too. If you worry about the first petition, and you feel comfortable to do so, talk about it with the attorney of the second company. Or, you can call USCIS and ask a immigration officer.
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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roseball
01-07 02:10 PM
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
Its common for IOs at POE to do this. Their side of the explanation is that they cannot give you an I-94 based on a I-797 which will be valid in the future. They have to go with a currently valid document. Like others suggested, you will have to either re-enter US immediately after the current I-94 expires or go to the nearest intl airport and get this done by defferred inspection.
Its common for IOs at POE to do this. Their side of the explanation is that they cannot give you an I-94 based on a I-797 which will be valid in the future. They have to go with a currently valid document. Like others suggested, you will have to either re-enter US immediately after the current I-94 expires or go to the nearest intl airport and get this done by defferred inspection.
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anishNewbie
09-02 02:49 PM
Admin please delete this thread.. as this a repost.. I have same another thread going..
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indian
12-14 03:16 PM
Well, the 109th congress already passed part-I of the whole process: changing the US laws to allow special exception for India.
Once the President signs this, they have to negotiate the so called "123 agreement" that is a bilateral *binding* agreement between US and India. It will again have to be approved by congress.
I don't think anyone here knows how long will it take for the "123 agreement" to be concluded and presented to congress for approval. But once it does, expect desi resources on capitol hill to be again busy with it as their top priority. And that would shut us out for the period this stuff is pending in congress.
So what I am saying is that the window between now and when the "123 agreement" shows up in congress for approval is important and we should not miss it. At the very least we should be aware that this is coming and plan accordingly.
Indian.
Once the President signs this, they have to negotiate the so called "123 agreement" that is a bilateral *binding* agreement between US and India. It will again have to be approved by congress.
I don't think anyone here knows how long will it take for the "123 agreement" to be concluded and presented to congress for approval. But once it does, expect desi resources on capitol hill to be again busy with it as their top priority. And that would shut us out for the period this stuff is pending in congress.
So what I am saying is that the window between now and when the "123 agreement" shows up in congress for approval is important and we should not miss it. At the very least we should be aware that this is coming and plan accordingly.
Indian.
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Cherrymn
02-17 04:38 PM
this was NY Consulate
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dskhabra
04-02 01:12 PM
I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.
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vaaliben
02-18 05:02 PM
ash123
Do you have any update on your EAD status? Because, I too have a similar situation.
Do you have any update on your EAD status? Because, I too have a similar situation.
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mrsr
08-10 06:44 PM
Exactly, they are entering at least 5 thousand cases every day from last one week.but still we donot get our turn.so strange!
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Munshi75
12-25 01:40 PM
My take on this issue is that , for a non-profit institution the minumun wage determination for LCA is not based on the market rate but infact depends on the internal salary rate for the employees in the same organization at similar levels .
Hope this helps.
A
Hope this helps.
A
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leoindiano
03-25 11:37 AM
JACK WELCH supported us on CNBC Kudlows report...
I posted the link here sometime back....
I posted the link here sometime back....
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kriskris
12-02 10:43 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
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venky321
08-16 12:36 PM
Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)
From Murthy law firm.
MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)
From Murthy law firm.
MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)
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infofana
11-12 07:16 AM
I've received an answer in the WPF forum :
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/70e5bace-be65-422d-b4d7-7a4e7a866837
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/70e5bace-be65-422d-b4d7-7a4e7a866837
Munna Bhai
02-19 09:11 AM
Hello,
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
lkapildev
04-15 03:06 PM
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
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