Macaca
03-03 09:10 PM
She says that only H1B expenses should be paid by employer. Period.
I have written a check to USCIS for my H1B application fees.
It may be possible that the rules changed after I wrote the check in 2002.
I have written a check to USCIS for my H1B application fees.
It may be possible that the rules changed after I wrote the check in 2002.
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kaisersose
07-19 02:09 PM
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?
If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?
If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.
In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.
You can invoke AC21 with your H-1b. That is the preferred method.
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?
If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?
If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.
In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.
You can invoke AC21 with your H-1b. That is the preferred method.
sk.aggarwal
11-12 01:01 PM
Completely agreee with hari_baby22. Couple of days back I posted that immigration voice could get a lot more donations if they publish there earnings/expenses report online and make everything transparent. Lot of people including myself, do not contribute because they dont know how funds are getting used. My post was deleted by administrator and I got following message -->
Here is the message that has just been posted:
***************
We don't think you are for real. We believe you are an agent of a for profit immigration website.
***************
This time my user account itself might get deleted....
Here is the message that has just been posted:
***************
We don't think you are for real. We believe you are an agent of a for profit immigration website.
***************
This time my user account itself might get deleted....
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sam_hoosier
05-12 01:48 PM
below is data of pd from last four years for eb2-i - only for jun, jul & aug.
Except july fiasco , i don't see dates ever moving forward in july vb; but they do move in august vb.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in july but in august?
Jun 06 : 01jan03 | july 06 : 01jan03 | august 06 : U ---> no change in july. Aug backward
jun 07 : 01apr04 | july 07 : C | august 07 : U ---> july fiasco
jun 08 : 01apr04 | july 08 : 01apr04 | august 08 : 01jun06 ---> no change in july. Aug forward
jun 09 : 01jan00 | july 09 : 01jan00 | august 09 : 01oct03 ---> no change in july. Aug forward
jun 10 : 01feb05 | july 10 : ?????? | august 10 : ???? ---> do your really expect forward movement in july?
dil ke khush rakhne ko ghalib yeh khayaal accha hai ;)
Except july fiasco , i don't see dates ever moving forward in july vb; but they do move in august vb.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in july but in august?
Jun 06 : 01jan03 | july 06 : 01jan03 | august 06 : U ---> no change in july. Aug backward
jun 07 : 01apr04 | july 07 : C | august 07 : U ---> july fiasco
jun 08 : 01apr04 | july 08 : 01apr04 | august 08 : 01jun06 ---> no change in july. Aug forward
jun 09 : 01jan00 | july 09 : 01jan00 | august 09 : 01oct03 ---> no change in july. Aug forward
jun 10 : 01feb05 | july 10 : ?????? | august 10 : ???? ---> do your really expect forward movement in july?
dil ke khush rakhne ko ghalib yeh khayaal accha hai ;)
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gconmymind
07-09 06:42 PM
For 3-9 years, it is a good news.
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
vin13
03-17 01:02 PM
Good info about EAD or H1-B. Thanks for posting
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BharatPremi
03-28 05:21 PM
The link is broken, can you please post the corrected link?
Yes, it is not working today. It was basically a pensylvania law suite and USCIS memo. I have saved it at work, Will try to attach it on Monday.
Yes, it is not working today. It was basically a pensylvania law suite and USCIS memo. I have saved it at work, Will try to attach it on Monday.
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suavesandeep
07-14 03:38 PM
As others mentioned, If you apply for J1.. Your husband wont be able to apply for 485 for you for SURE unless you are done with J1 Waiver. You may also potentially jeopardize your husbands 485 application because USCIS may find out that you(spouse) are on J1 even if he does not apply 485 for you. I am not sure about this point thou, You may want to confirm with a lawyer.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
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pd_recapturing
10-19 06:08 PM
Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.
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GCNaseeb
10-16 03:24 PM
Its risky to change job (other than same or similar) using AC21 Rule:
Here's an extracts from Shusterman.
"To determine whether the new job is the same or similar to the old job, the USCIS consults the Labor Department Dictionary of Occupational Titles (DOT) or the online O*NET Classification System (one of the two), or similar publications. The memo prohibits INS officers from denying I-485 based on failure to demonstrate that the new job is in the same or a similar occupation as the initial job unless they have consulted, on a case-by-case basis with USCIS headquarters."
Shusterman.com links to the memo at http://shusterman.com/toc-gc.html#2A1 and to the DOT and the O*NET from http://shusterman.com/toc-dol.html#7.
Here's an extracts from Shusterman.
"To determine whether the new job is the same or similar to the old job, the USCIS consults the Labor Department Dictionary of Occupational Titles (DOT) or the online O*NET Classification System (one of the two), or similar publications. The memo prohibits INS officers from denying I-485 based on failure to demonstrate that the new job is in the same or a similar occupation as the initial job unless they have consulted, on a case-by-case basis with USCIS headquarters."
Shusterman.com links to the memo at http://shusterman.com/toc-gc.html#2A1 and to the DOT and the O*NET from http://shusterman.com/toc-dol.html#7.
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satish_hello
09-12 11:15 PM
Hi Guys Pls. update CSC transfered cases.(WAC.)
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC --->CSC (09/07)
CheckCashed- 09/08/2007
FP - ?
EAD- ?
AD-?
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC
I-485 - Delivered july6th at NSC --->CSC (09/07)
CheckCashed- 09/08/2007
FP - ?
EAD- ?
AD-?
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kode
01-03 09:34 AM
consider me in .. :bad:
like Guig0 said .. battles are fun (-:
like Guig0 said .. battles are fun (-:
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thomachan72
03-01 11:53 AM
Yes, you'll have to get it registered.
It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.
both mom and dad or one of them is OK?
Does the registrat allow such affidavits to be signed in his/her presence. What role do they have? Do they attest that the affidavit was prepared in his/her presence?
An notarized affidavit on Rs 100/- deed paper (or whatever you call that) is not OK?
It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.
both mom and dad or one of them is OK?
Does the registrat allow such affidavits to be signed in his/her presence. What role do they have? Do they attest that the affidavit was prepared in his/her presence?
An notarized affidavit on Rs 100/- deed paper (or whatever you call that) is not OK?
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techskill
10-01 02:03 PM
Did anybody fly recently in Lufthansa to India? I wanted to know whether you need transit visa.
I have booked the tickets in Lufthansa to india in Dec.
My travel agent says you dont need transit visa if you have AP.
Since i have time now, i can apply nowif needed.
Also please give me the details about the appln forms to apply for the transit visa.
please advise.
I have booked the tickets in Lufthansa to india in Dec.
My travel agent says you dont need transit visa if you have AP.
Since i have time now, i can apply nowif needed.
Also please give me the details about the appln forms to apply for the transit visa.
please advise.
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USDream2Dust
04-18 02:19 PM
Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's
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saimrathi
08-15 12:43 PM
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shivarajan
10-17 06:00 PM
www.orkut.com (google service) and homepage theme is indeed Diwali!
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grupak
06-20 09:27 AM
Lets get busy. We have our work cut out for us. We will get the bills to the house, senate and the President's desk.
Join your state chapters for details.
Join your state chapters for details.
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JunRN
10-19 09:18 AM
As per USCIS official report as of end-August, there were more than 500,000 pending AOS applications:
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf
So, if we estimate that there were about 100,000 more AOS applications receipted during September and October, that is a total of 600,000.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf
So, if we estimate that there were about 100,000 more AOS applications receipted during September and October, that is a total of 600,000.
doceb2
03-24 07:29 PM
hey coopheal
do yo know what the RFE is about
thks
do yo know what the RFE is about
thks
knnmbd
01-24 08:50 PM
Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?
Thanks again for the help!
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
Thanks again for the help!
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
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