a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
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bkarnik
12-06 09:45 AM
Irrespective of what your notice says, it is very likely that your case has still actually not been transferred to NSC and is still in the CSC. I know because this is what has happened in my case. Just like yours, both mine and my spouse's applications were transferred to the CSC for data entry. Then we got notices saying our cases have been sent back to NSC. But apparently, only the 485 applications were supposedly sent back. The CSC issued EADs and APs for both of us.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
sduddukuri
02-24 07:40 AM
My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC
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bindas74
03-25 10:28 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
I received one too...just this morning I received emails stating that RFE was sent for me and my wife....mine is a straight forward case
1) I am with the same employer since I applied for my GC
2) Still on H1B
3) No AC21
4) With a very good company ( medium sized) which never laid off any employees so far
5) Not a labour substitution
I am still wondering what it could be...well I guess i will have to wait for a couple of days more to find out.
But, I am glad that atleast they started looking at my case...this is the first time since August 2007 there is an LUD on my case
more...
gc28262
09-03 10:49 PM
In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
This is Obama and Grassley in action :rolleyes:
Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.
Are we in real United States of America? So much of hate around.
This is Obama and Grassley in action :rolleyes:
danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
more...
mytv
08-14 11:12 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
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lkapildev
02-12 04:12 PM
There are 20000+ viewers on this website why only few 1000's are serious about fighting with BROKEN immigration system.
Now see EB2 is vanished on 1st qtr on FY.
You did not join DC Rally because of your priority thats OK
You have not contributed anything to IV thats fine
It's NOT just fine if you don't send a letter what is being requested. You can't be always seat back and enjoy the show. Be a brave like "Chatrapati Shivaji"
http://immigrationvoice.org/forum/showthread.php?t=16506
You should not be scared of sending your name etc. These letters will go to lawmakers office.
Please support IV for this. "IV is all of us"
IV you will have my & few of collegues letters in your mail box. Best of Luck for this good initiatives.
Flower Campaign
DC Chalo
Letter Campaign
Virtual Compaign(My Idea) Create an website with each Lawmakers name and add supports for legal immigrations for example. Collect all positive thoughts for each lawmaker about legal immigration and post it on those respective websites.
ralphsupportslegalimmigrants.com
Now see EB2 is vanished on 1st qtr on FY.
You did not join DC Rally because of your priority thats OK
You have not contributed anything to IV thats fine
It's NOT just fine if you don't send a letter what is being requested. You can't be always seat back and enjoy the show. Be a brave like "Chatrapati Shivaji"
http://immigrationvoice.org/forum/showthread.php?t=16506
You should not be scared of sending your name etc. These letters will go to lawmakers office.
Please support IV for this. "IV is all of us"
IV you will have my & few of collegues letters in your mail box. Best of Luck for this good initiatives.
Flower Campaign
DC Chalo
Letter Campaign
Virtual Compaign(My Idea) Create an website with each Lawmakers name and add supports for legal immigrations for example. Collect all positive thoughts for each lawmaker about legal immigration and post it on those respective websites.
ralphsupportslegalimmigrants.com
more...
Arvin_H1
08-18 10:47 PM
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
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govindk
10-24 09:07 PM
I filed my application on July27th. I completed my FP on Oct 10th but haven't receive any news on EAD. My online status is still "Case received and Pending". It is mentioned on the USCIS website that the USCIS needs to provide EAD within 90 days of the filing as mandated by law [8 CFR 247a.13(d)].
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e7ee6a9fec745110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
When do USCIS start counting 90 days from? date of filing or date on which they acknowledge the case? The online status says that "On Aug 30th we recevied your case..." So in my case the 90 days counter starts from July27th or Aug 30th?
more...
chanduv23
12-04 09:46 PM
The chat is on now - Attorney Reddy is on IV chat
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TempWorker
08-20 08:18 AM
I will be there.
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cagedcactus
07-24 04:01 PM
My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.
I need help from the GURUs here. Is the above possible?
My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.
Please help me out. I need to act soon on this.
Many thanks in Advance.......
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satishku_2000
09-05 05:33 PM
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
more...
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ganguteli
01-28 06:09 PM
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Check our own Aman Kapoor listed
Check our own Aman Kapoor listed
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xu1
08-03 08:22 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
more...
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pappu
01-29 12:51 AM
Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.
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Tantra
07-17 10:51 AM
We are close to 20k membership and growing...
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rb_248
08-14 06:56 AM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
kshitijnt
06-25 02:39 AM
Its not practical that all or any approved applications will be impacted.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
MetteBB
05-16 03:48 PM
hey kirupa...
will any of these stamps be added up? http://www.senocular.com/smilies/think.gif
/mette
will any of these stamps be added up? http://www.senocular.com/smilies/think.gif
/mette
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