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transpass
02-19 05:44 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
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singhsa3
07-25 03:36 PM
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
hindu_king
11-11 12:29 PM
Go for it man! this is why you wanted the GC...so you can do whatever you want. enjoy your freedom and its about time to pursue your dreams and make some money.
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k3GC
11-11 11:21 AM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
more...
randomdude
04-21 09:31 AM
From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...
alparsons
February 15th, 2005, 02:25 PM
38mm is still very much in the "normal" range for a 35mm format. The usual guidline has been that the focal length of the "normal" lens should be approx. the same as the film diagonal. If you were to crop your image to 8 x10 proportions from a 35mm image the diagonal would be 38.4mm.
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Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
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Hassan11
04-09 10:40 AM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
more...
smisachu
04-26 11:18 AM
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
Thanks for the reply. I guess no luck is good luck in the present immigration system.:mad:
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Anil_s
07-02 06:48 AM
Hi Ari,
Thank you for the information.
How Will it affect my H1-B process
Anil
Thank you for the information.
How Will it affect my H1-B process
Anil
more...
prom2
11-09 10:42 AM
What is your PD?
Good luck
Good luck
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raamskl
07-04 03:38 PM
Attorney Murthy referred to few cases (I think she said 3) that went thru her law firm, which got approved on the last week of June and also on July 2nd. She said both her client (who were pleasently surprised, good for them) and the law firm were surprised as the dates were not current in June and also not in July due to revised VB.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
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jnagendra
10-05 06:23 AM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Warngal hanumakonda siricilla bellampalli ramagundam they are not like usual tourist places or New Rajiv gandhi rahadari, rajiv Airport rajiv bus stand etc....
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dish
03-23 11:46 AM
Is the talent bill already introduced in the senate ?
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
TALENT Bill
A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
H-1B and Nonimmigrant Visa System:
� Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
� Restores H-1B1 visa numbers to the overall cap. (�201)
� Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
� Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
� Eliminates 214(b) for certain non-immigrants. (�203)
� Extends foreign students� post curricular OPT to 24 months. (�203)
Employment-based Immigrant Visa System:
� Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
� Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
� Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
(OR in the alternative)
� Exempts USEK workers with advanced degrees from the EB cap. (�102)
� Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
(AND)
� Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
� Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
� Exempts EB immigrant spouses and children from the cap. (�202)
Additional �Band-Aids�:
� Requires a pre-certification processing system for petitions. (�301)
� Enforces AC21 30 day and six-month processing times. (�301)
� Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
� Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
� Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)
more...
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amitjoey
01-04 04:10 PM
I know we missed the Dec 31st goal, but sounds like we brought in new members at a faster pace than in the past.
Hopefully all these new memebers will be active participants and donors.
Thanks for your quote, just the same thought on my mind.
Hopefully all these new memebers will be active participants and donors.
Thanks for your quote, just the same thought on my mind.
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gg_ny
04-21 11:47 AM
http://hammondlawgroup.blogspot.com/
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Does anyone remember/know what HLG was willing to print about the CIR's chances last time over (in 2006)?
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Does anyone remember/know what HLG was willing to print about the CIR's chances last time over (in 2006)?
more...
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boreal
08-24 06:08 PM
#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...
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tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
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lazycis
09-23 08:51 AM
"Yes" to both questions.
jkays94
03-22 09:51 PM
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
21stIcon
12-17 03:28 AM
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www.naidoolaw.com
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