texanmom
08-14 05:58 PM
I do not believe the EAD and AP are tied to the priority date, especially if you have already filed the 485.
Gurus- correct me if I am wrong.
Gurus- correct me if I am wrong.
validIV
03-25 01:36 PM
My employer paying for my work!
You just said you were unemployed for 4 weeks? But you're getting paid?
You just said you were unemployed for 4 weeks? But you're getting paid?
uma001
02-23 09:30 AM
good to know, thx.
But nowadays nobody is willing to do green card processing as a future employee becos of high unemployment rate
But nowadays nobody is willing to do green card processing as a future employee becos of high unemployment rate
bslraju
05-26 04:16 PM
Dear Members:
My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.
They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.
They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.
Guys, had any one come across this situation ? can you please advise?
Thank you in advance
---------------------------------------------------
2001 entered but still fighting for GC batch.:)
My Lawyer was suggested that we request porting PD after the second I 140 gets approved instead of doing it at the time of applying for second I 140.
They have mentioned that, If we request porting of 140 , Then in case if it is denied then 485 also gets denied(because this is linked to the new 140). This is according to Nebraska service center press release in Nov 2010.
They suggested that I am on EAD and no longer maintaining H1 since 2008, its better apply interfiling/porting after second 140 is approved.
Guys, had any one come across this situation ? can you please advise?
Thank you in advance
---------------------------------------------------
2001 entered but still fighting for GC batch.:)
more...
ilikekilo
05-04 03:46 PM
i know FRA is abig airport hwoever I think 2 hrs is fine..
H1Girl
04-08 10:09 PM
Hi,
I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...
My Situation:
1. Entered into USA using H1B Visa
2. Changed the job and now working using EAD
3. In othyer words, my status would be AOS Pending...
Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...
The nearest ones that I am thinking are "parolee" or "UNKNOWN"
Has anyone faced the situation? Could you please help me?
I am E-filing my EAD thru online. There is a dropDown where it asks for "Current Immigration Status"...
My Situation:
1. Entered into USA using H1B Visa
2. Changed the job and now working using EAD
3. In othyer words, my status would be AOS Pending...
Now question is there is no "AOS Pending" status in that dropdown. SO, I am confused about chosing the correct status...
The nearest ones that I am thinking are "parolee" or "UNKNOWN"
Has anyone faced the situation? Could you please help me?
more...
logiclife
03-08 04:41 PM
Guys and Gals,
I am pretty pretty sure most of us have a lot of H1b friends we can talk to about immigration voice and bring them on board.
Join this effort and make a difference. Joining at the last moment when legislative debate is taking place may be too late a time to join and bring more members.
Email me at jay@Immigrationvoice.org and you can start helping today. All we need is 45 minutes of your time per day for a few days until we reach a 10,000 volunteer mark.
Help us make this chain-recruitment work. We cannot have the same few 20 people trying to bring new people on board coz those 20-25 members dont have unlimited friends they know who CAN be involved in this.
--logiclife.
I am pretty pretty sure most of us have a lot of H1b friends we can talk to about immigration voice and bring them on board.
Join this effort and make a difference. Joining at the last moment when legislative debate is taking place may be too late a time to join and bring more members.
Email me at jay@Immigrationvoice.org and you can start helping today. All we need is 45 minutes of your time per day for a few days until we reach a 10,000 volunteer mark.
Help us make this chain-recruitment work. We cannot have the same few 20 people trying to bring new people on board coz those 20-25 members dont have unlimited friends they know who CAN be involved in this.
--logiclife.
ultimate_champ
11-27 11:22 AM
Thanks. I will let you all know what happens after i speak to my immigration dept and the lawyer.
more...
plreddy
08-11 09:59 AM
One More from 2006.
PD 30 Mar 2006.
RD 07/03/07
ND 09/05/07.
PD 30 Mar 2006.
RD 07/03/07
ND 09/05/07.
factoryman
06-19 06:17 PM
Only one booster DTAp once every 10 years. That's all. Man it pains me. After you file, file a medical ethics complaint with INS. Or get his email. I will write to him.
I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
more...
leo2606
07-05 10:08 PM
Are you kidding or serious?
AC21 is applicable only if I-485 is pending, once I-485 approved you don't have to tell any one.
Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.
Thanks
AC21 is applicable only if I-485 is pending, once I-485 approved you don't have to tell any one.
Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.
Thanks
logiclife
03-28 06:04 PM
Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
Unlike IV, where we used to argue and reason with trolls and miscreants last year.
People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.
Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).
A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.
That is how the world works. You dont get the trash people on their own website.
Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.
more...
raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
anilsal
11-06 10:55 PM
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Give it 3-4 days to reach either u or the lawyer.
I also encourage you to get registered with the local state chapter. :)
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Give it 3-4 days to reach either u or the lawyer.
I also encourage you to get registered with the local state chapter. :)
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
more...
MrWaitingGC
12-13 12:51 PM
All that matters for the french is your stamping, if your passport stamping is valid(even if you are not on that visa anymore), you dont need. If your stamping expired, you need a transit visa, and you need to go in person for the french transit visa, which is not needed for german and british transit visa.
Recently my parents went back to India via Fankfurt in Lufthansa.
There they asked is your visa expired if so you should have transit visa.
Since my parents had valid visa it was ok.
Recently my parents went back to India via Fankfurt in Lufthansa.
There they asked is your visa expired if so you should have transit visa.
Since my parents had valid visa it was ok.
ngaheer
12-12 02:51 PM
Hi all,
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
more...
Blog Feeds
01-20 08:20 AM
In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.
The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:
� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.
Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.
The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.
Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.
Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.
Advantages of H-3 category
1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.
2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.
3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.
Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.
In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.
H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.
More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)
The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:
� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.
Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.
The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.
Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.
Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.
Advantages of H-3 category
1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.
2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.
3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.
Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.
In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.
H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.
More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)
dasmilan
07-17 07:27 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
raviram1980
01-15 07:12 AM
Hi All,
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
Michael chertoff
08-07 09:12 AM
Only one so far.. i hope next month there will be big forward movement.:)
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