sam_hoosier
01-24 02:45 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?
texcan
09-14 06:58 AM
Out of the labor backlog that covers me,
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
tn1
12-02 09:12 AM
Knoxville TN
ultimate_champ
11-29 11:14 AM
After showing all the documentation and the AC21 law links to USCIS site, my lawyer and immig dept agree that 03-Aug-2007 is my receipt date.
so my 180 days start from 03-Aug-2007. Quite a relief for me.
On the other side, I already lost out on 1 opportunity coz they took so much time to get back with the answer. I hope something clicks in the near future.
Thanks for the forum feedbacks and answers. This really helped.
so my 180 days start from 03-Aug-2007. Quite a relief for me.
On the other side, I already lost out on 1 opportunity coz they took so much time to get back with the answer. I hope something clicks in the near future.
Thanks for the forum feedbacks and answers. This really helped.
more...
jthomas
06-02 10:47 AM
where can i download photoshop from?
510picker
November 21st, 2005, 11:07 AM
I vote for Three.
more...
PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
anjans
07-09 02:50 PM
I am in a similar situation..pls update the thread on what the latest is..in my case I-140 is not 180 days old..:(
more...
Winner
10-11 08:37 PM
I am in H1B and more than five years. My employer is a mid size
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Just curious..if you can answer the below questions, I'll google my fingers off to get you information you need.
Why not disclose your employers name?
Does your company just pay low wages to others and pay you very well?
If your company is violating US laws, why are you with them?
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Just curious..if you can answer the below questions, I'll google my fingers off to get you information you need.
Why not disclose your employers name?
Does your company just pay low wages to others and pay you very well?
If your company is violating US laws, why are you with them?
bsnf
08-17 09:44 AM
I travelled to India via Dubai last Nov returned Dec 31st - did not have any problem. They only checked AP and passport - I did not carry any supporting documents - was not asked in Dubai or US.
I am travelling again via Dubai in Dec returing Jan.
I am travelling again via Dubai in Dec returing Jan.
more...
bbenhill
12-02 06:21 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
chanduv23
04-28 05:12 PM
A good employer and a good law firm will not have the dirty deals of trying to screw an employee.
It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.
FOIA takes time, but one will eventually get it through that channel also.
It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.
FOIA takes time, but one will eventually get it through that channel also.
more...
nkavjs
12-18 01:36 AM
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
anilsal
01-06 08:24 PM
a while back I had read on the forums (do not know whether it was IV or elsewhere) where a guy got a visit from USCIS because he availed unemployment benefits for sometime.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
more...
kaisersose
01-02 02:03 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
harry15
02-07 12:26 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
more...
bayarea07
03-20 05:44 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
texcan
09-17 03:06 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
sunty
07-11 05:18 PM
[QUOTE=PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now[/QUOTE]
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
shruthi07
01-14 07:20 PM
Your wife has valid legal status till July 2008. The Officer at the POE should give the I-94 date as July 2008 as visa is used only for entering the country before June 2007. If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected. My friend has been in the same situation and was given the later date at POE.
raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
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