Wendyzhu77
05-21 05:07 PM
This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
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newuser
10-07 05:16 PM
I got same audit in september as well
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs
How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs
How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.
reddymjm
09-30 10:11 AM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
r u from NBKRIST?
r u from NBKRIST?
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h1bemployee
02-25 06:07 PM
I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
more...
keerthi
04-04 03:10 PM
Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
pmat
01-31 02:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
more...
eb3retro
06-19 10:07 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
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jungalee43
06-29 09:05 PM
I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
I guess the cases that are pre-adjucated are called for interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
I guess the cases that are pre-adjucated are called for interview.
more...
kish006
12-27 04:01 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
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anilsal
08-05 08:04 PM
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
Good thing is that people will get interim benefits like EAD/AP.
more...
pappu
04-15 05:34 PM
All members are requested to be careful what you post on the forum. Senior members are requested to be vigilant and inform the moderators if you find any post that maybe offensive or from anti immigrants.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
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cahaba
04-14 12:07 PM
Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Hello,
Thanks for your reply. But I do not appreciate the sarcastic cynicism . The only reason I am fronting for my friend is 1. he does not have time now and 2. because of the apprehension that participating in forums like this may put him in more hot soup. I hope you understand.
Also, I am at loss to understand how can people jump to imaginary conclusions without any supporting basis.
Please let us not create any distractions for a really serious problem we have on hand. I am not going to engage in war of words, even if you have a retort for me.
--
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Hello,
Thanks for your reply. But I do not appreciate the sarcastic cynicism . The only reason I am fronting for my friend is 1. he does not have time now and 2. because of the apprehension that participating in forums like this may put him in more hot soup. I hope you understand.
Also, I am at loss to understand how can people jump to imaginary conclusions without any supporting basis.
Please let us not create any distractions for a really serious problem we have on hand. I am not going to engage in war of words, even if you have a retort for me.
--
more...
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Sandeep
03-15 11:54 AM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
There is no question of waiting and watching here - please be assured that IV is doing everything possible to address this issue. This bill is not very straight forward due to the fact that it is entangled in too many complexities which we are not even a part of. So we have to tread very carefully here. IV is getting professional advice in this regard and it would make sense to follow that advice and not jump the gun.
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h1-b forever
10-28 09:53 AM
My friend's dependent spouse got CPO approval on 9/10 and the card itself in earlier this month. However, the primary applicant has received no approval notice. Anyone with similar case?
more...
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DDLMODES
07-05 02:48 PM
Until they say is open again, it is still closed.
I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...
I don't think they will say that until 2 weeks have passed and they put out all I-140's they had in premium processing...
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logiclife
01-05 05:07 PM
As of yesterday, there was a collection of $5000. We need much more than that.
The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.
http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.
logiclife.
The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.
http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.
logiclife.
more...
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eb3India
04-13 11:00 AM
Also, one should know we are not getting help from our group, I know many guys who are effected by GCs in my office in my neighbourhood, I can't even get them to make one call to senator office,
how do you expect some other organization to help us, when we can't help ourselves
how do you expect some other organization to help us, when we can't help ourselves
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add78
05-19 03:52 PM
Good Morning.
hahahaha too funny.
hahahaha too funny.
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vinayskadam
11-23 08:49 PM
@sameer2730 :
So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
-- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".
And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.
Please help me with your advice. I am completely in dilemma as to what needs to done..
Thanks in advance..
Vinay
So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
-- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".
And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.
Please help me with your advice. I am completely in dilemma as to what needs to done..
Thanks in advance..
Vinay
bbenhill
09-18 02:56 PM
Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.
Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.
PS : I am not a lawyer/attorney. please use this information for your own risk.
Thx
Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.
PS : I am not a lawyer/attorney. please use this information for your own risk.
Thx
lord_labaku
04-14 12:43 AM
Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
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