vinnysuru
03-05 05:00 PM
OK gurus need your help with this!
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
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gimmeacard
09-09 08:58 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
chanduy9
07-05 11:14 AM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
We are not insulting any one....we are just tring to convey our feelings and the pain we are taking by just changing the bulletin. This much better than RALLY or any other way.
Thanks,
Chandra.
We are not insulting any one....we are just tring to convey our feelings and the pain we are taking by just changing the bulletin. This much better than RALLY or any other way.
Thanks,
Chandra.
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vxg
11-21 09:35 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
more...
desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
fetch_gc
10-17 11:32 AM
I'm very glad to hear the news. Let us see when my checks are going to be cashed. By the way, was your 485 packet signed by F.HEINAUER @NSC on July 16th?
I did called NSC IO yesterday and she said that my packet must have been in caught up in the front log.
Looks like all our 485 packets have been xfered to TSC from NSC. Hence SRCXXXXXXXXX
I did called NSC IO yesterday and she said that my packet must have been in caught up in the front log.
Looks like all our 485 packets have been xfered to TSC from NSC. Hence SRCXXXXXXXXX
more...
GCStatus
09-16 05:14 PM
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
There you go
we've gotta keep moving forward ....!
There you go
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rsayed
08-26 06:32 PM
Finally -
Received CPO mail today, for both myself and my spouse - Aug 26th @ 4:30pm. Here are the details -
EB2-I
EAD Renewal - Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
CPO E-mail - Aug 26th, 2008
Total processing time - 49 days
Don't know if it's one or two years validity. Will post once I receive the physical cards.
Received CPO mail today, for both myself and my spouse - Aug 26th @ 4:30pm. Here are the details -
EB2-I
EAD Renewal - Receipt Date - Jul 8th, 2008
Notice Date - Jul 9th, 2008
CPO E-mail - Aug 26th, 2008
Total processing time - 49 days
Don't know if it's one or two years validity. Will post once I receive the physical cards.
more...
chi_shark
07-09 02:55 PM
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
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deepakjain
05-12 06:46 PM
How do we contribute and participate in any campaign of IV....how to even become a donor???
more...
justAnotherFile
07-20 11:25 AM
I pledge $100 towards Amans' exp re-imbursement...
Contributtion to IV ($125 to date)
Contributtion to IV ($125 to date)
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indigo10
11-17 06:19 PM
Done, Thanks.
Sent to my friends too.
Sent to my friends too.
more...
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franklin
06-08 05:12 PM
How are you guys seeing these check images? Did you pay for this out of your own pocket?
I'm assuming your assumption is correct :)
There is no way for me to see check images for this, since my company paid
I'm assuming your assumption is correct :)
There is no way for me to see check images for this, since my company paid
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bostonqa
06-11 01:32 PM
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
more...
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tonyHK12
02-24 01:45 PM
thanks seshadr, hsingh82, rbusgc
Total Contributions...........$8,625.00
Amount to be raised.......$41,375.00
.
.
Total Contributions...........$8,625.00
Amount to be raised.......$41,375.00
.
.
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HOPE_GC_SOON
07-29 09:08 AM
Guys:
Further to my following posting::: Just to share an Update. I got an LUD " on Jul 28 we ordered Card Production" for my EAD Renewal. Details of 1 yr or 2yrs are not known till we see the actual card.
I will post any updates
thanks:)
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
Further to my following posting::: Just to share an Update. I got an LUD " on Jul 28 we ordered Card Production" for my EAD Renewal. Details of 1 yr or 2yrs are not known till we see the actual card.
I will post any updates
thanks:)
Gurus:
Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.
I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)
This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin
Is this something to cheer:)
more...
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GC_wait_forever
11-21 02:40 PM
....
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newuser
05-23 08:05 AM
Finished e-mailing to all the senators. Its easy than AILA website if you have google toolbar to fill in the addresses.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
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BECsufferer
05-09 07:46 PM
I am appalled by this development, but their is little in our control over this development. Evidently, it's repurcussion of mass conversion of EB3 to 2. But again that is not what we want to discuss over.
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
mygc2006
09-08 11:48 AM
EB3 India
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
EAD Sent 08/01/08
ND : 08/07/08
No LUD's since then.
Card production Ordered email on 09/05/08
congrats ... that was pretty fast, you got it within a month ....
eager_immi
03-09 07:58 AM
Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don�t think your logic makes sense.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
I and my wife have been SCREAMING, FIGHTING for over four years now. We are now so frustrated that we have EVEN DISCUSSED THINGS LIKE TAKING UP OUR LIVES !!! I really mean it. For both of us, our career is the single most important thing.
We had decided to wait for our next step in life like having a kid or putting in a big investment till we both at least have a job. Inspite of both of us having Masters degress from US universities, we are both suffering - me languishing in a filthy job and my wife on H4 - for the past 5 years !!! She is now more than 35 making it difficult to have kids etc...
I don't have the choice of going back to my home country due to many other personal reasons. I just don't know what to do... I am losing my sanity.
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