h1bemployee
02-25 06:25 PM
You need to provide more details on bold words from your post. If you really need pointers from IV members.
when my employer replied to the RFE, they came with more questions and doubts...and USCIS asked submit their tax documents
what I understood ..my employer don't want to appeal against it ..because USCIS may come back with more doubts abt the consultancy itself...
when my employer replied to the RFE, they came with more questions and doubts...and USCIS asked submit their tax documents
what I understood ..my employer don't want to appeal against it ..because USCIS may come back with more doubts abt the consultancy itself...
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abhaykul
06-08 03:52 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
BharatPremi
03-19 07:59 AM
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
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darsh678
12-26 03:17 PM
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
more...
bb20078
10-10 09:20 AM
I also want to know the answer to this question
Can you re enter USA on H4 after using EAD
On the immigration form at the port of entry, can you put H4 and say YES to do you work?
Can you re enter USA on H4 after using EAD
On the immigration form at the port of entry, can you put H4 and say YES to do you work?
bala50
08-09 09:38 PM
Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
more...
manderson
09-19 08:06 AM
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a development. The immigrants in question were highly skilled � the programmers and doctors and investment analysts that American business seeks out through so-called H-1B visas, and who are eligible for tens of thousands of "green cards," or permanent work permits, each year. But bureaucracy and an affirmative-action-style system of national-origin quotas have created a mess. India and China account for almost 40 percent of the world's population, yet neither can claim much more than 7 percent of the green cards. Hence a half-million-person backlog and a new political pressure group, which calls itself Immigration Voice.
The group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration. Immigration Voice represents the kind of immigrants whose economic contributions are obvious. It is not a coincidence that the land of the H-1B is also the land of the iPod. Such immigrants are not "cutting in line" � they're petitioning for pre-job documentation, not for post-job amnesty. And people who have undergone 18 years of schooling to learn how to manipulate advanced technology come pre-Americanized, in a way that agricultural workers may not.
But Immigration Voice could still wind up crying in the wilderness. As the Boston College political scientist Peter Skerry has noted, many of the things that bug people about undocumented workers are also true of documented ones. Legal immigrants, too, increase crowding, compete for jobs and government services and create an atmosphere of transience and disruption. Indeed, it may be harder for foreign-born engineers to win the same grip on the sympathies of native-born Americans that undocumented farm laborers and political refugees have. Skilled immigrants can't be understood through the usual paradigms of victimhood.
The economists Philip Martin, Manolo Abella and Christiane Kuptsch noted in a recent book, "As a general rule, the more difficult it is to migrate from one country to another, the higher the percentage of professionals among the migrants from that country." Often this means that the more "backward" the country, the more "sophisticated" the immigrants it supplies. Sixty percent of the Egyptians, Ghanaians and South Africans in the U.S. � and 75 percent of Indians � have more than 13 years of schooling. Their home countries are not educational powerhouses, yet as individuals, they are more highly educated than a great many of the Americans they live among. (This poses an interesting problem for Immigration Voice, which polices its Web forums for condescending remarks toward manual laborers.)
So how are we supposed to address the special needs of this class of migrant? For the most part, we don't. The differences between skilled and unskilled immigrants are important, but that doesn't mean that they are always readily comprehensible either to politicians or to public opinion. When high-skilled immigrants who are already like us show themselves willing to become even more so, jumping every hoop to join us on a legal footing, it dissolves a lot of resistance. But it doesn't dissolve everything. It doesn't dissolve our sense that people like them are different and potentially even threatening.
If we consider our own internal migration of recent decades, this will not surprise us. You would have expected that big movements of people between states � particularly from the North to the Sun Belt and from Pacific Coast cities to Rocky Mountain towns � would cause increasing uniformity and unanimity. But that didn't happen. Instead, this big migration has coincided with the much harped-on polarization between "red" and "blue" America.
Georgians take up jobs on Wall Street and New Englanders unload their U-Hauls in Texas. The sky doesn't fall � but neither do cultural or political tensions between respective regions of the country. Consider the diatribes that followed the last election, in which "red" America stood accused of everything from ignorance and bloodlust to knee-jerk conformity. Or consider North Carolina. As the state filled up with new arrivals from such liberal states as New York and New Jersey, political pundits predicted the demise of its longtime ultraconservative senator Jesse Helms. But Helms won elections until he retired in 2002, largely because many of those transplants voted for him enthusiastically. The sort of Yankees who moved to North Carolina had little trouble adopting the political outlook of their new neighbors. But you didn't notice North Carolinians begging for more of them.
While Immigration Voice looks like an immigrant movement that Americans can rally behind, its prospects are mixed. A recent measure sponsored by Senator Arlen Specter of Pennsylvania to nearly double the number of H-1B visas was passed through committee, then killed and then revived. The fate of skilled immigrants hinges on public opinion, and that is hard to gauge. Even an employer delighted to sponsor an H-1B immigrant for a green card might have no particular political commitment to defending the program, or to wringing inefficiencies out of it. The arrival of skilled individuals arguably makes America a more American place. But not necessarily a more welcoming one. Christopher Caldwell is a contributing writer for the magazine.
Copyright 2006 The New York Times Company. Reprinted from The New York Times Magazine of Sunday, May 6, 2006.
The group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration. Immigration Voice represents the kind of immigrants whose economic contributions are obvious. It is not a coincidence that the land of the H-1B is also the land of the iPod. Such immigrants are not "cutting in line" � they're petitioning for pre-job documentation, not for post-job amnesty. And people who have undergone 18 years of schooling to learn how to manipulate advanced technology come pre-Americanized, in a way that agricultural workers may not.
But Immigration Voice could still wind up crying in the wilderness. As the Boston College political scientist Peter Skerry has noted, many of the things that bug people about undocumented workers are also true of documented ones. Legal immigrants, too, increase crowding, compete for jobs and government services and create an atmosphere of transience and disruption. Indeed, it may be harder for foreign-born engineers to win the same grip on the sympathies of native-born Americans that undocumented farm laborers and political refugees have. Skilled immigrants can't be understood through the usual paradigms of victimhood.
The economists Philip Martin, Manolo Abella and Christiane Kuptsch noted in a recent book, "As a general rule, the more difficult it is to migrate from one country to another, the higher the percentage of professionals among the migrants from that country." Often this means that the more "backward" the country, the more "sophisticated" the immigrants it supplies. Sixty percent of the Egyptians, Ghanaians and South Africans in the U.S. � and 75 percent of Indians � have more than 13 years of schooling. Their home countries are not educational powerhouses, yet as individuals, they are more highly educated than a great many of the Americans they live among. (This poses an interesting problem for Immigration Voice, which polices its Web forums for condescending remarks toward manual laborers.)
So how are we supposed to address the special needs of this class of migrant? For the most part, we don't. The differences between skilled and unskilled immigrants are important, but that doesn't mean that they are always readily comprehensible either to politicians or to public opinion. When high-skilled immigrants who are already like us show themselves willing to become even more so, jumping every hoop to join us on a legal footing, it dissolves a lot of resistance. But it doesn't dissolve everything. It doesn't dissolve our sense that people like them are different and potentially even threatening.
If we consider our own internal migration of recent decades, this will not surprise us. You would have expected that big movements of people between states � particularly from the North to the Sun Belt and from Pacific Coast cities to Rocky Mountain towns � would cause increasing uniformity and unanimity. But that didn't happen. Instead, this big migration has coincided with the much harped-on polarization between "red" and "blue" America.
Georgians take up jobs on Wall Street and New Englanders unload their U-Hauls in Texas. The sky doesn't fall � but neither do cultural or political tensions between respective regions of the country. Consider the diatribes that followed the last election, in which "red" America stood accused of everything from ignorance and bloodlust to knee-jerk conformity. Or consider North Carolina. As the state filled up with new arrivals from such liberal states as New York and New Jersey, political pundits predicted the demise of its longtime ultraconservative senator Jesse Helms. But Helms won elections until he retired in 2002, largely because many of those transplants voted for him enthusiastically. The sort of Yankees who moved to North Carolina had little trouble adopting the political outlook of their new neighbors. But you didn't notice North Carolinians begging for more of them.
While Immigration Voice looks like an immigrant movement that Americans can rally behind, its prospects are mixed. A recent measure sponsored by Senator Arlen Specter of Pennsylvania to nearly double the number of H-1B visas was passed through committee, then killed and then revived. The fate of skilled immigrants hinges on public opinion, and that is hard to gauge. Even an employer delighted to sponsor an H-1B immigrant for a green card might have no particular political commitment to defending the program, or to wringing inefficiencies out of it. The arrival of skilled individuals arguably makes America a more American place. But not necessarily a more welcoming one. Christopher Caldwell is a contributing writer for the magazine.
Copyright 2006 The New York Times Company. Reprinted from The New York Times Magazine of Sunday, May 6, 2006.
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amsgc
04-12 12:49 PM
As someone mentioned - Do not Lie.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
more...
santb1975
02-14 11:02 PM
We need participation. We know we have committed people in our group
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ndbhatt
01-12 12:54 PM
Get a notarized copy of your passport from Indian Consulate and send it with a letter explaining legalities associated with it.
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rongha_2000
10-02 11:59 AM
My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?
Once you received your EAD card, you can apply for SSN.
Once you received your EAD card, you can apply for SSN.
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piyu7444
04-01 02:37 PM
Hi Vinnysuru
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
Case is approvable but my question is - will I have to wait till Visa bulletin has PD date showing NOV 2006 or beyond or Current or they can just get a visa number now (say April 08) and send it for card prodcution ?
more...
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ganguteli
06-12 11:26 AM
Why before October?
Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.
Because this year's greencards are expired. New quota starts in October. So he should apply labor by then so that he gets his greencard on Oct 1, 2009 by overnight FedEx at 9.00 AM.
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GoneSouth
07-17 03:51 PM
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
more...
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snathan
10-03 10:44 AM
They do the same n FL and whats worse....they only issue temporary license that expires every year.
Contact your federal/state congress man/senator and protest about this. The cranky wheel gets the oil.
Contact your federal/state congress man/senator and protest about this. The cranky wheel gets the oil.
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greencard_fever
08-04 04:38 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
Thank you for the update and can you provide me the details how to take the infoPass.
Thank you for the update and can you provide me the details how to take the infoPass.
more...
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arnet
11-16 12:28 AM
you can use any of the consulates in india.
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
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GCcomesoon
08-01 12:31 PM
Hi
I have read the thread for FP & biometrics.In my case 485 was approved in April this year & later in May I got the biometrics done. Due to which my physical card delivery got delayed. Till date I haven't received it but the passport is stamped for travel & employment purposes.
I had recent LUD of card mailed yesterday , so hopefully in next few days I should get it. My point is if you haven't received your FP/Bio then call USCIS , talk to IO, take info pass & get it scheduled & see to it that the data is correctly uploaded to your case by calling up again.
This would reduce all the possible delay.
Thanks
GCcomesoon
I have read the thread for FP & biometrics.In my case 485 was approved in April this year & later in May I got the biometrics done. Due to which my physical card delivery got delayed. Till date I haven't received it but the passport is stamped for travel & employment purposes.
I had recent LUD of card mailed yesterday , so hopefully in next few days I should get it. My point is if you haven't received your FP/Bio then call USCIS , talk to IO, take info pass & get it scheduled & see to it that the data is correctly uploaded to your case by calling up again.
This would reduce all the possible delay.
Thanks
GCcomesoon
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gc28262
04-08 06:27 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
meridiani.planum
04-01 04:18 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
ramus
06-28 03:34 PM
Please don't create any new thred.. Please close it .. We already have 4 threds going with different rumers.. No need to put another one..
My answer is - No body knows what will happen.. So just chill and enjoy..
Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
My answer is - No body knows what will happen.. So just chill and enjoy..
Did any one heard of EB3 India 485 Approved after June 26? Looks like EB3 visa numbers for this quarter for India is exhausted! If so then who many will be available in next quarter?
When will the 40K unused EB quota of visa numbers will be available /open? In mid September? Can any of the Gurus explain this?
My friend took info-pass and he was told that the EB3 India visa numbers are over for now and his case may be approved in next quota.
Looks like the first 40K in the 485 queue whose processing is done will get there 485�s approved in late September.
For some one like me who files 485 in June chances of approval in this year is less.:confused:
I just want to set the expectations real so that we will not be subjected to perpetual checking of online LUD/Status, forums and also avoid huge disappointment.
Pns27
***********************
Concurrent I-140/I-485: No
PD June 2002-non-RIR
I-140 approved from NSC
I485:--
Mailed to (state NSC/TSC): NSC
Received at (state NSC/TSC): NSC
Receipt Date: 06/07/07
Notice Date: 06/22/07
FP Noticed Received on:?
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