Ann Ruben
05-15 04:54 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
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h1vegas
06-29 07:37 PM
Me and my wife are July 2007 filers. We applied for Ead renwal.
My wife started her own business and opened a LLC.
Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD
Pls let me know
thanks
My wife started her own business and opened a LLC.
Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD
Pls let me know
thanks
crazy
06-13 11:23 PM
When can we change job? just after filing for 485. Or we have to wait for EAD and then only can change the job?
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spicy_guy
07-12 04:12 PM
Congrats, EB I guys.
We poor EB I guys need to shutter!!
We poor EB I guys need to shutter!!
more...
waitin_toolong
09-21 03:39 PM
I’m confused about using the EAD. Someone please clarify me….
I already received the EAD for me and my wife. Currently, I’m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
•Can I be in H1b and still work another job as a part-time?
------ if the part time job is using a part time H1 only then you will be H1 and dependents in H4 using EAD meaning you lose H1/4
•If my wife wants to work using her EAD does it have any effect on her h4 status?
--- her status becomes AOS pending and H4 is gone
•If my wife loose her job during the use of her EAD what will be her status?
--- she will reamain AOS pending same as while using EAD
•I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
---- you can be self-employed and have similar job description and LC
•I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
----- if you enter using H1 then it will be H1. the debate is still on whether using AP to enter causes you to lose H1 or not. It is possible to extend H1 status though.
It will be very much appreciated if some can answer my questions?
Thanks ahead\
I already received the EAD for me and my wife. Currently, I’m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
•Can I be in H1b and still work another job as a part-time?
------ if the part time job is using a part time H1 only then you will be H1 and dependents in H4 using EAD meaning you lose H1/4
•If my wife wants to work using her EAD does it have any effect on her h4 status?
--- her status becomes AOS pending and H4 is gone
•If my wife loose her job during the use of her EAD what will be her status?
--- she will reamain AOS pending same as while using EAD
•I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
---- you can be self-employed and have similar job description and LC
•I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
----- if you enter using H1 then it will be H1. the debate is still on whether using AP to enter causes you to lose H1 or not. It is possible to extend H1 status though.
It will be very much appreciated if some can answer my questions?
Thanks ahead\
nonimmi
06-15 03:47 PM
Everyone:
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
more...
edaltsis
05-23 09:37 PM
She will definitely need to have an SSN to work in the US. Without which no employer will be able to pay or is even authorized to employ someone.
You can apply for SSN with the EAD.
You can apply for SSN with the EAD.
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sanjay02
07-29 02:37 PM
I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
more...
Circus123
10-27 09:07 AM
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
Thanks for the insightful info...
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
Thanks for the insightful info...
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mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
more...
GoGetGC
02-19 09:49 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
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rampaadh@hotmail.com
04-25 07:27 PM
My wife's green card was approved on Feb 27th. My wife is currently in India with valid Advance Parole. I received her green card during March 15th. I am planning to visit India during June and bringing my wife along with me. It will be almost 5 months when I come back on July 1st week.
Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?
Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?
more...
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IWannaBeHowdy
11-14 10:52 AM
Hello everyone,
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
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rockstart
10-06 11:35 AM
Employer needs to stop smoking weed and concentrate on work. Jokes apart there was no such proposal ever in pipeline so there is no way anything like this ever was approved. 6 year limit on H1 is a law that cannot be changed by admin process. It needs to pass house & senate. Also 6 year limit makes lot of people go back to home countries and uncle sam can consume their SS & Medicare taxes.
more...
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pmat
01-19 03:18 PM
The date when LC is filed.
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mbawa2574
03-11 05:49 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
more...
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Asian
10-03 10:00 AM
Kapoor made many good points very clearly! A very good job indeed.
I hope many more newspapers and magazines will deal with this story as well.
I hope many more newspapers and magazines will deal with this story as well.
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ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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rjgleason
February 1st, 2005, 08:36 AM
Juan Valdez drinks Costa Rican coffee.......:D
The best coffee in the world comes from CR......correct???
The best coffee in the world comes from CR......correct???
crazyghoda
01-25 05:00 PM
I have heard this from a couple of my friends who used AP recently to enter the US. The Immigration officer at the POE told them that their AP is now valid from the date it was first stamped. IOW he now has a full additional year to use the AP for travel.
However, I cannot find this documented anywhere on the USCIS site. My AP was issued in Sept 2008 and is valid till Sept 2009 and I used it to return back from India in Dec 2008. However, I plan to renew my AP 120 days before its original expiry date UNLESS a clear rule gets published clearly mentioning that it is valid for a whole extra year following the first use of the AP document.
However, I cannot find this documented anywhere on the USCIS site. My AP was issued in Sept 2008 and is valid till Sept 2009 and I used it to return back from India in Dec 2008. However, I plan to renew my AP 120 days before its original expiry date UNLESS a clear rule gets published clearly mentioning that it is valid for a whole extra year following the first use of the AP document.
ajju
10-12 03:50 PM
So that means it starts prior to Dec'9th for my case..????
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
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