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coolpal
04-22 05:40 PM
I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.
The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.
pal :)
The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.
pal :)
bajjuri77
05-15 10:12 PM
I am also in the same situation and I asked my attorney. He said that if we can get notarized affidavits from Parents then it is sufficient. So get the format from your attorney and get it signed by your parents. They need at least 2 affidavits who were present at the time of the birth.
prem_goel
08-15 09:36 AM
would appreciate if any of you experts can share some intelligent thoughts on it...
Deepika
08-14 04:38 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
more...
ttdam
12-03 01:56 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
meet
08-31 09:36 PM
Please do reply to my queries...........
more...
Sai gc
05-15 03:46 PM
Thanks a lot for your time Victory.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.
Wish you goodluck buddy.
What you said is correct,so even me decided to keep quite and wait for the mercy of USCIS.
Wish you goodluck buddy.
GCOP
04-01 08:54 PM
man-woman-and-gc, rsirpal
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
more...
kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
sanju
02-27 07:19 PM
This guy is a spammer. He is just wasting our time. I'd suggest not to answer him.
auburn2009,
Why don't you search these forums and let us know what you find out.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
auburn2009,
Why don't you search these forums and let us know what you find out.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
more...
bijualex29
07-31 05:51 PM
Dear All,
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
LostInGCProcess
02-04 04:48 PM
need to travel in few days and my AP is about to get approved.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
more...
krishnam70
03-23 07:51 PM
Hi,
We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
Amar
Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.
BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$
- cheers
kris
We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
Amar
Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.
BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$
- cheers
kris
copsmart
02-21 07:36 PM
I feel sorry for your situation, and I know how difficult it is, because I am pretty much on the same boat (I mean, we have a newborn too, 4 weeks old). Except, I recently lost my job and got some severance pay for February. Plus, I took advantage of the law and collected some money from my employer for the return ticket. I ask them to pay cash rather than buying me the actual ticket. So, I do have some time to breath.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.
But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.
Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.
So, that�s my side of the story�
BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.
I hope you will find a job pretty soon. Good luck and take care of the newborn.
God bless the Jobless!!!
>>Looks like you are on EAD. Are you still finding it difficult to find a job?
If I am on H1, I could have already packed my bags.
Here is the temporary crisis for me.
With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.
more...
GCOP
09-24 10:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
fcres
07-26 10:02 AM
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
more...
amar123
07-28 01:09 PM
Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?
db_greencard
10-03 12:15 PM
when you send out your application to USCIS?
PDOCT05
10-31 10:53 AM
Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((
Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.
Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.
anilsal
12-13 10:55 AM
Taking any action on 11+ million illegal aliens is no small job, It will take years.
TomPlate
11-28 03:02 PM
Actually I have opened up a ticket to resolve the issue. Some how the variable is false and not generating the email. Now assigned to the programmer group.
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