enqueued
12-18 12:53 PM
amsgc is right on all answers. For #3, you need a copy of I-129 as well
trueguy
08-11 11:30 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
MrDesi
02-07 09:47 AM
Hi Friends
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
ar
02-04 05:35 PM
What would you need done
I'll help out
I'll help out
more...
jonty_11
11-09 02:55 PM
Normally u get a recipt notice withing 2 weeks or submitting H1 application. Check to see if waht u have is a just receipt notice or a I-797 (H1B Doc).
Last I knew I94 shud be at the bottom of the I-797
Last I knew I94 shud be at the bottom of the I-797
rbharol
08-19 02:39 AM
I could find this useful. I am in my 6th year expiring June 1, 2007. My employers are just about to file LC, so I guess being able to process I140 by premium will enable me file for a three year extension before my current stay expires.
May be they did it for those who are in 6th year and did not file LC 365 day before 6 year expiry.. Now they can file LC in perm get approval fast and then get Premium 140 to get 3 year extension on H1B.
May be they did it for those who are in 6th year and did not file LC 365 day before 6 year expiry.. Now they can file LC in perm get approval fast and then get Premium 140 to get 3 year extension on H1B.
more...
bluez25
07-22 07:36 PM
Thanks guys. I will keep you guys posted. Fingers crossed.
gc_chahiye
08-14 06:18 PM
Hi,
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.
Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.
Regards
ZooZee
yes EAD and AP can be filed even if your PD is not current. In fact unless the Sept 18th rally works, we'll all be filing EADs and APs every year for a LONG time waiting for our PD to become current,.
more...
deepimpact
09-21 11:50 AM
I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
pappu
09-18 05:23 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
more...
va_dude
05-07 10:38 AM
Dude... do some research on the forum on AC-21. There's tons of information.
Anyway, no form to fill out. Whether or not to send info is your choice.
Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.
Anyway, no form to fill out. Whether or not to send info is your choice.
Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.
harikris
05-10 09:40 AM
Khali dimag shaitan ka ghar
(Translation: An ideal mind is a devils workshop)
.
More like an idle mind ;)
(Translation: An ideal mind is a devils workshop)
.
More like an idle mind ;)
more...
GCPagla
02-20 01:03 PM
To bring more details to my question:
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
immitul
09-03 03:23 PM
Hello Friends,
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
You can apply only after October 1st, since that is the day the H1B person is eligible to work (and that's what I did for my wife).
Please cross check, if there is any way you can apply earlier.
Could somebody pls. help and respond to this query.
In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.
I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.
Thanks a lot for your help, its greatly appreciated.
You can apply only after October 1st, since that is the day the H1B person is eligible to work (and that's what I did for my wife).
Please cross check, if there is any way you can apply earlier.
more...
rockstart
08-24 10:55 AM
Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
Can you share your experience on 2 RFE that you received?
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
Can you share your experience on 2 RFE that you received?
485Mbe4001
09-27 01:45 PM
I suggested the same when i met with the congressmen. There should be a MAXIMUM processing limit, it is unfair to suck our blood till eternity. They understand but cannot do anything without a consensus.
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
more...
aroranuj
09-09 11:20 AM
Hello Everyone,
It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
--------------------------------------------------------------------------
BACKGROUND & TALKING POINTS
--------------------------------------------------------------------------
HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
Please use the instructions provided below to make the phone calls.
(1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters
2) If they are not available leave a VM for them -
"I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.
To All congress-critters:
In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.
To Democrats: More people will be able to get their citizenship in reasonable times.
To Republicans: Companies will be able to attract more talent which improves economic performance."
(3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.
(4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
support.
The list of key representatives along with their contact information is provided in this post.
--------------------------------------------------------------------------
If asked please say that you are a member of Immigration Voice.
-------------------------------------------------------------------------
If the staffer ask - "did you call the representative in your area", say that -
"Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."
Democrats
Zoe Lofgren, California (202) 225-3072
Sheila Jackson-Lee, Texas (202) 225-3816
Maxine Waters, California (202) 225-2201
Bill Delahunt, Massachusetts (202)-225-3111
Robert Wexler, Florida (202) 225-3001
Linda T. S�nchez, California (202) 225-6676
Steve Cohen, Tennessee (202) 225-3265
Hank Johnson, Georgia (202) 225-1605
Betty Sutton, Ohio (202) 225-3401
Luis Gutierrez, Illinois (202) 225-8203
Brad Sherman, California (202) 225-5911
Anthony D. Weiner, New York (202) 225-6616
Adam B. Schiff, California (202) 225-4176
Artur Davis, Alabama (202) 225-2665
Debbie Wasserman Schultz, FL (202) 225-7931
Keith Ellison, Minnesota (202) 225-4755
Tammy Baldwin, Wisconsin (202) 225-2906
Republicans
Lamar S. Smith, Texas (202) 225-4236
Jim Sensenbrenner, Wisconsin (202) 225-5101
Howard Coble, North Carolina (202) 225-3065
Elton Gallegly, California (202) 225-5811
Bob Goodlatte, Virginia (202) 225-5431
Steve Chabot, Ohio (202) 225-2216
Dan Lungren, California (202) 225-5716
Chris Cannon, Utah (202) 225-7751
Ric Keller, Florida (202) 225-2176
Darrell Issa, California (202) 225-3906
Mike Pence, Indiana (202) 225-3021
Randy Forbes, Virginia (202) 225-6365
Steve King, Iowa DO NOT CONTACT
Tom Feeney, Florida (202) 225-2706
Trent Franks, Arizona (202) 225-4576
Louie Gohmert, Texas (202) 225-3035
Jim Jordan, Ohio (202) 225-2676
It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
--------------------------------------------------------------------------
BACKGROUND & TALKING POINTS
--------------------------------------------------------------------------
HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
Please use the instructions provided below to make the phone calls.
(1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters
2) If they are not available leave a VM for them -
"I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.
To All congress-critters:
In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.
To Democrats: More people will be able to get their citizenship in reasonable times.
To Republicans: Companies will be able to attract more talent which improves economic performance."
(3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.
(4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
support.
The list of key representatives along with their contact information is provided in this post.
--------------------------------------------------------------------------
If asked please say that you are a member of Immigration Voice.
-------------------------------------------------------------------------
If the staffer ask - "did you call the representative in your area", say that -
"Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."
Democrats
Zoe Lofgren, California (202) 225-3072
Sheila Jackson-Lee, Texas (202) 225-3816
Maxine Waters, California (202) 225-2201
Bill Delahunt, Massachusetts (202)-225-3111
Robert Wexler, Florida (202) 225-3001
Linda T. S�nchez, California (202) 225-6676
Steve Cohen, Tennessee (202) 225-3265
Hank Johnson, Georgia (202) 225-1605
Betty Sutton, Ohio (202) 225-3401
Luis Gutierrez, Illinois (202) 225-8203
Brad Sherman, California (202) 225-5911
Anthony D. Weiner, New York (202) 225-6616
Adam B. Schiff, California (202) 225-4176
Artur Davis, Alabama (202) 225-2665
Debbie Wasserman Schultz, FL (202) 225-7931
Keith Ellison, Minnesota (202) 225-4755
Tammy Baldwin, Wisconsin (202) 225-2906
Republicans
Lamar S. Smith, Texas (202) 225-4236
Jim Sensenbrenner, Wisconsin (202) 225-5101
Howard Coble, North Carolina (202) 225-3065
Elton Gallegly, California (202) 225-5811
Bob Goodlatte, Virginia (202) 225-5431
Steve Chabot, Ohio (202) 225-2216
Dan Lungren, California (202) 225-5716
Chris Cannon, Utah (202) 225-7751
Ric Keller, Florida (202) 225-2176
Darrell Issa, California (202) 225-3906
Mike Pence, Indiana (202) 225-3021
Randy Forbes, Virginia (202) 225-6365
Steve King, Iowa DO NOT CONTACT
Tom Feeney, Florida (202) 225-2706
Trent Franks, Arizona (202) 225-4576
Louie Gohmert, Texas (202) 225-3035
Jim Jordan, Ohio (202) 225-2676
gcformeornot
05-28 07:31 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
shantanup
06-25 09:43 AM
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
piyu7444
04-10 11:33 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
Billboard
08-07 04:53 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
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