roseball
08-04 07:46 PM
well, i realistically see two options here:
1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.
Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.
If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.
If I were you, I would get my family here on L visa and then file all the COSs at once.
1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.
Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.
If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.
If I were you, I would get my family here on L visa and then file all the COSs at once.
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cyclone_p
06-25 01:45 PM
I guess it depends on the employer, but usually the employer put the employee on a "Loss Of Pay" status and the employee cannot work or earn until s/he has the renewed EAD card in her/his possession.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.
chantu
09-27 11:47 AM
I don't think day trading affects your H1B. It will be shown under capital gain/loss on your tax return. We can have CDs then why not profit through stocks.
But still, I am not an expert! Please consult proper person.
But still, I am not an expert! Please consult proper person.
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ksircar
10-13 11:20 AM
:confused:
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.
more...
cdeneo
01-09 03:34 AM
What happens if one does not surrender the I-94 when travelling abroad?
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
JunRN
05-05 10:09 AM
To force USCIS to adjudicate i-140 within 180 days or 6 months, if concurrent filing is removed, we may comment to include a clause that says "If i-140 is pending for more than 180 days and PD is current, i-485 may be filed.
Better yet, if they will include filing of i-485 even if PD is not current.
The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.
Better yet, if they will include filing of i-485 even if PD is not current.
The silverlining if they remove concurrent filing is that there will be pressure to adjudicate i-140 within reasonable time or better yet, a hard target of 6 months.
more...
GCBy3000
08-24 11:32 AM
I dont think people who are affected by retrogression are living life with some principles. If they are in this situation, itis because of their own decisions. Again as redcard said, coming here on F1 is for study and not for GC. Coming here in H1B is for work and not soley for GC. May be the individual knows in advance there is possibility of getting one.
Doing MS or PhD, you could very well do in your home country. Why did you choose US on first place. I have seen people who are unable to get H1b, getting F1 and coming to US. By the way I am not blaming all F1's here. . By doing MS or PhD, your original intention of coming to US is well achieved. Then if you decide to go into H1, then you join the people who are here in H1 irrespective of their degrees. Intention of H1 is to work and sometimes even to apply for GC. So cribbing too much on having a MS is not good.
I bet there will be a huge number of people if given an opportunity to get pre-approved labor, they will get it somehow. You and I did not come across one.
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
Doing MS or PhD, you could very well do in your home country. Why did you choose US on first place. I have seen people who are unable to get H1b, getting F1 and coming to US. By the way I am not blaming all F1's here. . By doing MS or PhD, your original intention of coming to US is well achieved. Then if you decide to go into H1, then you join the people who are here in H1 irrespective of their degrees. Intention of H1 is to work and sometimes even to apply for GC. So cribbing too much on having a MS is not good.
I bet there will be a huge number of people if given an opportunity to get pre-approved labor, they will get it somehow. You and I did not come across one.
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
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bkshres
01-22 12:50 PM
I am also in similar situation.
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.
Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?
Thanks in advance.
BK
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redgreen
10-08 06:26 PM
Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.
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gc_chahiye
07-20 03:49 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.
2. will I get in trouble if I do not have EAD and my H1 expires?
status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.
Not sure why you want an early H1 extension filing...
3. Can I move to new employer using AC21 without EAD?
yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.
2. will I get in trouble if I do not have EAD and my H1 expires?
status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.
Not sure why you want an early H1 extension filing...
3. Can I move to new employer using AC21 without EAD?
yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.
more...
spicy_guy
04-21 11:43 PM
Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.
Please suggest.
Please suggest.
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DesiGuy
08-17 10:01 AM
hi guys,
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
my first post at IV.
I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.
So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)
Here's another forum which i used and is VERY useful if anyone wants to move.
http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80
From my OWN experience:
The PROS
- Simple straight forward process :)
- definate timeline on residence permit/permanent residency/citizenship
- spouse gets same level of rights i.e.wife can work & study with any probs
- family eligible for NHS (even if u dont have a job)
- 1 month leave is standard; worst employers give only 4 weeks :p
- kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
- trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
- excellent public transport system
- India is only 8 hrs flight and timezone difference only 5 hrs.
- get to watch and 'play' cricket
- my british friends love "curry" and eat more 'spicier' then mine
- having a pint during lunch is 'normal'
The CONS:
- VERY expensive place; u make and u spend, have fun but not much savings
- JOB market is LOUSY - not easy to get a job
- Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
- smaller houses, cars, roads, etc
- no real burgers or tacos
- after some time u start missing USA
Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)
Cheers
more...
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Berkeleybee
05-17 01:35 PM
I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
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WillIWin?
08-13 02:09 PM
I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
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gunabcd
06-22 09:50 AM
When the officer picks up a new case file, within minutes he know if there's Birth cert, substitute labor etc (remember he may have handled hundreds of cases). If the officer FEELS the case is complicated or needs an RFE, he may just put it on the backburner and pick up the next one on the shelf. That's why i'm trying to get my BC or NABC, even if i have 5 other docs with DOB.
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arjun007
02-07 10:16 PM
PIMPS sounds wrong..thx for the correction..
I94 discrepancy
The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"
I94 discrepancy
The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"
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tnite
06-26 03:29 PM
While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
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gcpain
06-25 11:10 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
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vikki76
07-05 03:05 PM
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
espoir
11-08 03:47 PM
Although July Fiasco was for EB only, there was a rush to file AOS for family based as well because of USCIS Fee increase from July 31st. Unless USCIS comes out with stats, everything else is guessing game. I guess that we can have better estimate after 3 or 4 bulletins and based on its forward movement.
immig4me
04-22 01:44 PM
try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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