singhsa3
07-12 09:20 AM
Remember green card is a privilege and not a right. But your waiting period idea is well taken.
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
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crystal
06-15 03:33 PM
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
Munna Bhai
01-10 04:09 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
what that RFE was for?? education or pay??
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
what that RFE was for?? education or pay??
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hsingh82
03-12 09:50 PM
Congrats!! I can just feel your excitement in the title!
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makemygc
08-16 09:46 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
dingudi
03-09 03:34 PM
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
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champu
03-09 05:23 PM
Mr. MLK Jr,
You had a dream - at least you were sleeping. I wish I could sleep too:p
You had a dream - at least you were sleeping. I wish I could sleep too:p
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dyekek12
12-13 02:15 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
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perm2gc
07-27 03:11 PM
Hello Gurus,
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
1. MTR process takes one year.
2.If you have EAD you can work,otherwise you cannot work.
3.No unless your spouse also has no EAD.
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
1. MTR process takes one year.
2.If you have EAD you can work,otherwise you cannot work.
3.No unless your spouse also has no EAD.
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ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
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mallikonnet
07-06 10:41 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
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GCMan007
03-12 09:30 PM
Did you get second finger print notice before approval? When did you go for first fingerprint notice?
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
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willigetgc?
09-09 09:21 AM
Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.
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gcdreamer05
01-21 01:22 PM
Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...
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mantagon
07-16 08:23 AM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
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Saralayar
03-18 05:11 PM
there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
You are correct. Getting a SSN with EAD has nothing to do with H4.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
You are correct. Getting a SSN with EAD has nothing to do with H4.
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dipu76
06-01 06:16 PM
It is illegal.
It will be great if someone can send me any reference to confirm that it is illegal..
It will be great if someone can send me any reference to confirm that it is illegal..
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snathan
04-14 08:54 PM
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
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aroranuj
11-24 10:12 PM
I am in the same boat....TSC denied my I-140. My attorney has said that you can file an appeal (in your case in the EB2 category) at the same time you can also file for a new I-140 in a different category. Your best bet is to possibly file in the EB3 Category & wait for the appeal take its time at AAO. In the end if they do deny the appeal you can still file a new I-140 in the EB2 category.
Let us know what reccomendations your attorney provides you.
Good luck!
Let us know what reccomendations your attorney provides you.
Good luck!
GC_1000Watt
12-15 11:42 AM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
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