greencardvow
08-03 07:12 PM
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
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go_guy123
09-15 12:52 PM
Hi All,
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.
franklin
06-01 07:21 PM
Just in case not all new members are Indian, I suggest this poll which covers ALL nationalities
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hmehta
09-12 07:20 PM
Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
more...
jonty_11
03-26 04:53 PM
I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
I have to disagree...in this case its the Destination!!!
I have to disagree...in this case its the Destination!!!
chanduv23
01-04 12:01 PM
Looks promising
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Project_A
05-16 08:17 AM
May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.
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petersebastian
03-31 05:49 PM
Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).
You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.
He's American. I am aware that they will ask about that but I just want to make it clear that I'm facing a 3 year ban after overstaying the 180 days after my I94 expiration date (so the end of July in my case).
more...
raysaikat
11-29 05:01 PM
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.
In other words, the status is determined by I-94.
Usual warning: Use any of above at your own risk!
What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.
In other words, the status is determined by I-94.
Usual warning: Use any of above at your own risk!
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bkarnik
04-17 03:37 PM
But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.
My 2 cents..
My 2 cents..
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sr77
09-26 11:45 AM
Hello,
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
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maverick_iv
12-05 09:35 PM
Don't think there is any need to take your kid along. Other than avoiding the postal delay, applying in person has no other advantages. The person sitting in the counter would double check your docs and accept the application and would give the standard response that it would take 45 days. If you had done your homework, you don't have to worry about another person checking your docs.
Other tips for folks going to the DC embassy:
- None of the phone numbers would be answered.
- At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
- What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
- The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
- Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
- Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.
Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.
Hi,
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
Other tips for folks going to the DC embassy:
- None of the phone numbers would be answered.
- At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
- What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
- The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
- Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
- Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.
Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.
Hi,
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
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NIW
08-31 12:15 PM
As illusions said, Lou has shot himself in the foot once again. Pehaps Lou should come out of his illusion and see the real world before he confuses his eye for his foot.
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nashim
08-15 03:49 PM
Congrats
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WillIBLucky
12-13 12:54 PM
Thanks for your thoughts.
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.
1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)
1a) favourable ... 1b) -- ?????
2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.
2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.
2b -- opposite to 2a
3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.
b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then
Your decision....
I may be wrong but I need GC quicker
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ramaa
06-21 11:00 PM
Thank you for reply.
Can I request to port 2003 PD at the time of filing 2nd I-140
or
Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.
Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.
I appreciate your input.
Thanks
Can I request to port 2003 PD at the time of filing 2nd I-140
or
Should I first get 2nd I-140 approved with new 2007 PD and then try to port old 2003 PD while filing for I-485.
Job description, salary does not matter in porting PD. Is there any possible reason CIS may not port the PD though old I-140 is not revoked by employer.
I appreciate your input.
Thanks
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GC4US
04-02 12:30 AM
Thanks everybody for help.
I would have another question:
I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.
Could someone tell me please what to write.
Thank you!
And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?
I would have another question:
I don't know what to write on "Class of Admission". When I entered U.S I was on H4 but I got Ead and now I'm on Ead and my husband on H1b.
Could someone tell me please what to write.
Thank you!
And where it's written :"On a seperate sheet of paper, please explain how you qualify for advance parole document"......should I write on a blank sheet of paper that I need to visit my parents....?
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chanduv23
11-06 06:36 AM
Though this may be off topic, it is related to travel and NIV.
I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.
Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.
Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.
Thanks
I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.
Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.
Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.
Thanks
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green_card_curious
03-08 10:17 AM
This is EXACTLY the confusion. My case is explained below:
1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.
So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...
Ideas? Suggestions? Examples?
Thanks,
1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.
So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...
Ideas? Suggestions? Examples?
Thanks,
gc2
09-22 05:55 PM
Job A
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
OES/SOC Code: 15-1099
OES/SOC Title: Computer Specialists, All Other
chanduv23
08-05 10:56 PM
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