GCWarrior
04-16 02:57 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
Thanks
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H4_losing_hope
02-13 08:07 PM
See no GC? Hear no GC? Talk to IV
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peer123
04-03 08:00 PM
I am sorry m friend, I can understand, if I can console you in any way, I lost couple of offers like this already, I have confirmed with my potential employer he seem to understand the process about EAD and said it should just work fine.
hopefully it will work out...
hopefully it will work out...
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fromnaija
09-22 05:55 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
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supers789
07-14 04:18 PM
huh! looks like either not many ppl received audits.. or not many received response back ??
kishdam
03-17 10:18 AM
I was reading at immigration-law.com that a new bill SUSTAIN act is introduced by Lamar Smith in the house and is referred to the judiciary committee. This bill seems proposing the increase of H1B numbers from 65k to 195k. Does this bill have any EB related measures? This bill may be unlikely to get voted anytime soon but if it has some EB measures at least we get some exposure.
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gc_kaavaali
12-08 01:36 PM
Hi guys,
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.
http://immigrationvoice.org/forum/showthread.php?t=15905
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...if IV succeed you don't have to go through hassle of renewal of EAD and AP.
http://immigrationvoice.org/forum/showthread.php?t=15905
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
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senthil
02-12 06:37 PM
when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.
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gantilk
04-27 11:26 PM
Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?
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jr8rdt
01-06 06:55 PM
I am interested with this topic as well. can somebody confirm that once we use AP to travel we can still work on H1 and don't have to invoke EAD?
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tuhin
07-16 01:36 PM
Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.
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anilsal
12-21 12:00 AM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
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h1techSlave
07-24 09:48 AM
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
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GC_1000Watt
12-11 03:03 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
Thanks in advance.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
Thanks in advance.
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snhn
04-13 11:58 AM
Hello,
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
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dixie
09-05 01:12 PM
If you consider carefully, all the sponsors of SKIL whether its the house or the senate are republicans. Dems are pro-immigration in general, but they are more concerned about the illegals.Republicans on the other hand are anti-immigration in general, but pro-business; which roughly translates to pro-legal immigration. So by no means is SKIL a slum-dunk; if anything, CIR might come in for more favorable review by the dem-controlled house.Things will get interesting is all we can say.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
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kkmajid
10-16 01:43 PM
Hi
I am currently a masters student in an american university. My
graduation is in May 2007. I am planning to apply for H1B visa soon
after.
1. Assuming that my H1B status is approved and I recieve my H1B papers
by October, how long should I wait until my employer can file for my
greencard application?
2. It is been announced that the premium processing for the labor
certification is available. This means that there is 2 week decesion
instead of months like before. Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
I am currently a masters student in an american university. My
graduation is in May 2007. I am planning to apply for H1B visa soon
after.
1. Assuming that my H1B status is approved and I recieve my H1B papers
by October, how long should I wait until my employer can file for my
greencard application?
2. It is been announced that the premium processing for the labor
certification is available. This means that there is 2 week decesion
instead of months like before. Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
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sanju
11-25 10:03 PM
i doubt they'll take it on in Spring, with little to no chance of economy recovering by that time (or that whole year) passing an immigration bill will see a major backlash from everyone.
Good intentions but doubt if it will happen
Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.
The point is, immigration bill could be part of the economic agenda to revive the economy.
.
Good intentions but doubt if it will happen
Is it not possible that Immigration reform is part of the economic reform. Say there are 15 million undocumented workers in US. Because they are undocumented over 99% don't pay taxes. On average if each undocumented pays $10,000/year taxes, it comes to additional revenue of $150 billion every year. This may not be enough to cover the cost of economic recovery, but it is still a substantial amount. Likewise, EB green cards could potentially bring in potential real estate buyers, which would help to bring back the economy.
The point is, immigration bill could be part of the economic agenda to revive the economy.
.
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loudobbs
10-09 05:40 PM
This is very useful information. So it is the Job Classification code that is important right??
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
renupond
10-04 10:46 PM
No I am not related to eadguru.
I simply need this info for my spouse.
Thanks
I simply need this info for my spouse.
Thanks
maddipati1
08-15 12:54 PM
Great.. please contribute to DC rally in anyway you can.
Great.. update ur profile with ur contribution
Great.. update ur profile with ur contribution
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