gccovet
09-04 01:42 PM
I beg to disagree on this thought:
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
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akilaakka
07-13 11:17 AM
Checklaw,
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
PERM12
10-25 07:01 PM
Will USCIS release updated Pending I-485 numbers as published that they will do every quarter....
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vegi_hyd@yahoo.com
06-07 09:55 AM
I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there
Thanks JackisBack.
Thanks JackisBack.
more...
pmb76
08-13 02:26 AM
I think vldrao is from numbers usa. That's my theory. he was just hangin out here as a mole to get information from IVers. At the same time he was giving out some information to hide his identity and gain our trust. :)
What say chhapan tikli ?
What say chhapan tikli ?
pappu
11-21 06:49 AM
Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
more...
mps
05-13 01:09 AM
Well I was just thinking about it -
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
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Aah_GC
05-30 03:49 PM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
more...
coopheal
11-10 05:13 PM
All,
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
IV has put in significant effort in creating this survey to map the strength of our community.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36
Answered the the survey.
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India76
07-17 06:18 PM
PLEASE HELP PLEASE
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
more...
Sai_07
06-27 10:31 PM
My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
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Blog Feeds
05-20 05:40 PM
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
more...
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santb1975
02-13 11:48 PM
This doesn't feel good :o
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howzatt
07-16 01:44 PM
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
Whats new about this news? We have been hearing this since Thursday evening.
I think we all got a little carried away by the 24HR time frame from Core.
Whats new about this news? We have been hearing this since Thursday evening.
more...
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shirish
02-23 02:32 PM
who really cares what they put up on those stupdi dates,
they can make up anything and call the that as a law, no body to question them, not checks and balances
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
they can make up anything and call the that as a law, no body to question them, not checks and balances
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
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needinfo80
09-08 11:47 PM
Got medical RFE at 485 stage.Here are RFE details :
The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.
Did anyone receive similar RFE?If yes,how did you handle this RFE?
Do I need to take the tests again?
Can doctor fill a new form based on the previous results.
Appreciate your help and guidance in this matter.
Thanks
The civil surgeon's signature on the supplement Form to I-693 submmitted with your application to adjust status is photocopy and is therefore unacceptable.Your original Supplement Form to I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enlclosed Supplemental Form I-693 to the civil surgeon who administered your vaccinations.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the Supplemental Form to I-693 and place it in a sealed envelope before returning it to you.
The medical examination report,Form I-693 submitted with your application to adjust status ,also contains a photocopied signature and is therefore unacceptable.Your orginal Form I-693 is hereby returned to you in the enclosed sealed envelope.Take this letter and your enclosed Form I-693 to civil surgeon who conducted your medical examination.ONLY THE CIVIL SURGEON SHOULD OPEN THE SEALED ENVELOPE.The civil surgeon must verify that he or she completed the medical examination recorded on the I-693 and must sign and date the form in the space provided.
Did anyone receive similar RFE?If yes,how did you handle this RFE?
Do I need to take the tests again?
Can doctor fill a new form based on the previous results.
Appreciate your help and guidance in this matter.
Thanks
more...
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chris9902
06-12 07:41 PM
about as much as i want aids
girlfriend The Ford Flex and Mazda CX-9
need4gc
09-10 11:08 AM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
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styrum
03-02 08:03 PM
I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.
greenguru
06-28 03:41 PM
I checked on murthy site, what is there ?
arbhaat
10-08 08:06 PM
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
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