JunRN
12-18 04:44 PM
So people should stop asking, right? Every now and then, people are asking whether it is from Receipt Date or from Notice Date.
People calling the USCIS Customer Service for EAD (90 days) always get an answer that it is from Notice Date. We know it is from Receipt date, not notice date.
Anyway, as I was saying, it is your path. I have chosen mine.
People calling the USCIS Customer Service for EAD (90 days) always get an answer that it is from Notice Date. We know it is from Receipt date, not notice date.
Anyway, as I was saying, it is your path. I have chosen mine.
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crazy_apple
07-15 01:21 PM
Look at the text on the service center status page!
https://egov.uscis.gov/cris/jsps/Processtimes.jsp
It says Invalid Processing Dates!
https://egov.uscis.gov/cris/jsps/Processtimes.jsp
It says Invalid Processing Dates!
WeShallOvercome
07-19 02:22 PM
Do they have a signature authorization from you? If not , they can not send a G-28 that is not signed by YOU !
even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D
trust me thats what they told me..dunno what he thinks..:) :)
but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..
Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???
even my employer didnt allow us to file saying, if employee files, FBI will get mad thinking it has toxics in it :D :D :D
trust me thats what they told me..dunno what he thinks..:) :)
but the point is I sent my docs to my employer and I didnt include any G-28 in it..which means we signed as we prepared all docs..
Now can they attach G-28 and introduce themselves as representatives and swallow all receipts???
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qualified_trash
10-10 09:39 AM
Didn't know you were a core member; but thanks anyway.
qplearn
does that mean no beer!! :-))
qplearn
does that mean no beer!! :-))
more...
emmie
12-08 04:31 PM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
desi3933
09-18 06:56 AM
H1Employer -
Would my mind answering my question?
Thanks!
Can I ask you a question? How much your corp usually pays if you are billing at $80 per hour? 55k per year or 95k per year as Salary + Benefits. (BTW - Just to make things clear, I am not looking for job as I am independent IT consultant with my own corp).
I have seen many cases where consultant is billed at 80-90 per hours and gets paid only 50 to 60k (based on his/her "negotiation" power).
In one case, this agency had two consultants at same client (one of the large banks) and were getting billed at $80 per hour. The H1-B person was getting 56k/year and green card holder was making 95k per year. This is the reason why many people want to jump for another job when they have EAD or GC.
My 2 cents.
Would my mind answering my question?
Thanks!
Can I ask you a question? How much your corp usually pays if you are billing at $80 per hour? 55k per year or 95k per year as Salary + Benefits. (BTW - Just to make things clear, I am not looking for job as I am independent IT consultant with my own corp).
I have seen many cases where consultant is billed at 80-90 per hours and gets paid only 50 to 60k (based on his/her "negotiation" power).
In one case, this agency had two consultants at same client (one of the large banks) and were getting billed at $80 per hour. The H1-B person was getting 56k/year and green card holder was making 95k per year. This is the reason why many people want to jump for another job when they have EAD or GC.
My 2 cents.
more...
abh
07-31 11:20 AM
Our case is also in Des Moines,IA
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mps
07-19 04:18 PM
If it’s small consulting firm with a mom-pop type attorney just be very care-full! I was in same situation in 2001 my H1B pimp promised me that my LC was filed but they were waiting to put me behind 2001 May 31 (all 245(i)) and that’s what they did....that LC is probably still somewhere in PBEC ...well I was new to the game and I ended up wasting almost 5 years on that.
Another story - my wife's consulting firm promised her that if she pays for LC they will continue her GC even if she joins the client we paid almost $7000 for LC it finally got approved probably few months back when attorney and employers stopped returning her call and e-mail. She contacted PBEC and we found that LC was approved...I'm sure they sold it someone else like us.
Anyone needs name of these two consulting firms just PM me
You must insist on photocopy and all receipts for your own record, your life depends on it!
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
Another story - my wife's consulting firm promised her that if she pays for LC they will continue her GC even if she joins the client we paid almost $7000 for LC it finally got approved probably few months back when attorney and employers stopped returning her call and e-mail. She contacted PBEC and we found that LC was approved...I'm sure they sold it someone else like us.
Anyone needs name of these two consulting firms just PM me
You must insist on photocopy and all receipts for your own record, your life depends on it!
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
more...
GCBy3000
11-28 04:28 PM
Everybody in this forum knows this. Core IV is on top of these items and every IV member should have confidence that they will steer everyone in proper direction as and when required. Do not get panic and call for unncessary shots on this sensitive issue.
I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...
I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...
Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...
Unless we act desissively now...its going to be a long way to 2009..
I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...
I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...
Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...
Unless we act desissively now...its going to be a long way to 2009..
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rockstart
05-06 09:46 AM
I showed my IT returns for past 3 years along with lease agreement and Drivers License and was approved for instate tuition. In case any one wants to do the same PM me with questions
more...
nfinity
09-17 01:23 PM
is that if you leave the employer before 1 year, it can be a problem. But if the employer lays you off, its not an issue. Get an opinion from an attorney to be sure.
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apahilaj
05-15 10:48 AM
apahilaj,
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Mine was paper file...
I sent mine and my wife's application in seperate packets via certified USPS mail.
Is yours a paper file or Efile?
Did you send your's & your wife application together (one packet) or separately?
Mine was paper file...
I sent mine and my wife's application in seperate packets via certified USPS mail.
more...
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nmdial
03-01 03:10 PM
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
My parents had submitted a notarized affidavit to the registrar (death and birth) of the local municipality and obtained my birth certificate. That was in 2006, the rules may have changed by now.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
My parents had submitted a notarized affidavit to the registrar (death and birth) of the local municipality and obtained my birth certificate. That was in 2006, the rules may have changed by now.
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logiclife
02-28 06:53 PM
I Hope that after this trip to DC ends, we will know a lot more about the upcoming legislation and our own strategy.
Let us not wait for legislations to be tabled, let us join hands and get our friends to join this organization so that we are all ready when the times comes for us to be active.
--logiclife.
Let us not wait for legislations to be tabled, let us join hands and get our friends to join this organization so that we are all ready when the times comes for us to be active.
--logiclife.
more...
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snaidu
12-11 12:46 PM
Due to the retrogession,we cant file 140/485 concurrently till PD is current anyway.
Please explain what this new legistation means?
Thanks
Please explain what this new legistation means?
Thanks
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alethos
01-03 01:06 PM
::psssst::....Kit, I jest. Mine age doth vie with thine, hence thy remark didst vex me...
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
If smiley's count as pixel art (they're made pixel-by-pixel), then I have one pixel pic under my belt. On to lucky number zwei.
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
-Al
more...
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dingudi
05-22 03:12 PM
per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
You cannot come back on H1 once you cross 6 years and you have switched to EAD. For you to get H1 extensions beyond 6 years based on pending GC , you should already be in H status. If you are not in H status (e.g. EAD or some other status) then you cannot get H without being outside for 1 year and being counted in quota again.
In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94
You cannot come back on H1 once you cross 6 years and you have switched to EAD. For you to get H1 extensions beyond 6 years based on pending GC , you should already be in H status. If you are not in H status (e.g. EAD or some other status) then you cannot get H without being outside for 1 year and being counted in quota again.
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tv25
09-16 02:46 PM
Thanks for your replies.
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
No, They did not cancel H4 when I went for H1 stamping.
I want to see if there is any way that the H1 can be withdrawn pending determination from USCIS?
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kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
ScratchingHead
10-01 01:05 PM
Need to travel via British airways. H1b visa is expired and need to get UK transit visa.
Any experiences on the quickest way to get this?
thx
Please don't travel thru countries that impose this ridiculous transit Visa requirement on individuals, especially from India. Ask them to justify the charges, and you would get no response from them.
So, even if takes to spend $200 - 300 more, AVOID these crook countries that charge Transit Visa. People we must send the message across. In this century, I think its Indians that are traveling the most on these trans-atlantic-asia route, and collectively avoiding these 'snob' countries would send a very good signal.
If you are buying the transit visa, your dignity is at stake. Its like saying buying insurance for a person who is poor. They dont charge for countries that are more developed. so, AVOID AVOID these countries.
I am traveling to India soon, and I am going thru Brussels not because I got a cheap ticket, but because there is no transit visa required there.
Any experiences on the quickest way to get this?
thx
Please don't travel thru countries that impose this ridiculous transit Visa requirement on individuals, especially from India. Ask them to justify the charges, and you would get no response from them.
So, even if takes to spend $200 - 300 more, AVOID these crook countries that charge Transit Visa. People we must send the message across. In this century, I think its Indians that are traveling the most on these trans-atlantic-asia route, and collectively avoiding these 'snob' countries would send a very good signal.
If you are buying the transit visa, your dignity is at stake. Its like saying buying insurance for a person who is poor. They dont charge for countries that are more developed. so, AVOID AVOID these countries.
I am traveling to India soon, and I am going thru Brussels not because I got a cheap ticket, but because there is no transit visa required there.
asdcrajnet
10-17 09:17 AM
I don't think it is true. My lawyer said using AP will not invalidate H1B.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
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