immiusa
06-16 10:44 AM
He needs to get his passport renew first.
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SanjayP
07-04 03:48 PM
They are already against us and shouting on top of their lungs "SLUMDOG" for the reason that cowards and scared and suppressed people like you never gonna do anything.
The same attitude like yours actually made us slaves for many more years, instead would have got the freedom long long time back.
Next time when your tail is between your legs , do not try to make suggestions.
Average American is not calling anyone slumdog. But Average American guy would be angry if he thought guest worker was saying they work harder than lazy Americans. So to say or spread this idea is not helpful to anybodys goals as CIR needs support from American citizens who will not like being thought of as lazy or not working hard.
The same attitude like yours actually made us slaves for many more years, instead would have got the freedom long long time back.
Next time when your tail is between your legs , do not try to make suggestions.
Average American is not calling anyone slumdog. But Average American guy would be angry if he thought guest worker was saying they work harder than lazy Americans. So to say or spread this idea is not helpful to anybodys goals as CIR needs support from American citizens who will not like being thought of as lazy or not working hard.
gk_2000
02-15 03:24 PM
Time to pick up the patthar (stone) in your hands.. let the fun flow ! :D
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GoneSouth
08-11 09:12 AM
She needs her own I-797 showing transfer of the H-4, doesn't she? Whenever I changed companies, all my dependents got I-797s as well, and we had to present these at border to get new I-94s.
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watzgc
04-22 08:06 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
msandhu
01-12 04:30 PM
Whether you have used EAD or not is not an issues. You can file renewal anytime. Just send the current copy of your H1 while renewing. Also you don't need to go through lawyer to file EAD or renewal of EAD. I e-filed EAD for myself and my wife on my own the first time. I also filed renewals and got them in about 2 months time.
Let me know if you need any information on renewal process.
About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.
Cheers
MSandhu
Let me know if you need any information on renewal process.
About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.
Cheers
MSandhu
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me_myself
12-19 05:08 PM
I found this while searching. That matches my scenario exactly - Please let me know if what the users have posted is accurate. i.e., i can be in india (without payroll) till my h1 validity - this would not have my h1 revoked.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5481010971
Thanks.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=5481010971
Thanks.
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keerthisagar
10-28 10:02 AM
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
Thanks indigo10, this is helpful.
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
Thanks indigo10, this is helpful.
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morchu
05-04 04:25 PM
akelkar,
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
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logiclife
06-23 06:46 PM
I have forwarded all emails I got to Swati, who is in LA and will contact you about the documentary.
Thanks.
Thanks.
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diptam
04-11 11:16 PM
I've a terrible situation now:
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
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maverick_joe
05-23 12:31 PM
go through the AR 11 form online and after you complete the same you would see options to put in your receipt numbers , do the same for yourself and your secondary
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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gbof
01-30 11:32 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
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desi3933
03-09 12:29 PM
.... None of my previous employers revoked my H1-B. ....
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
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quizzer
11-10 02:22 AM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
Can you tell me ur dates:
I140 RD
RFE received date?
final approval date?
Service center?
Thanks
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
Can you tell me ur dates:
I140 RD
RFE received date?
final approval date?
Service center?
Thanks
more...
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iluvgc
08-28 03:50 PM
You must be *so proud* of yourself.
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marlon2006
02-04 09:46 AM
I pray that the DOS advances the cut-off dates and get my I-485 approved by March - because I don't get excited at all by these immigration reform bills. There are 12-25 million illegal aliens in this country. 10,000+ crosses the border on daily basis.
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
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doggy
07-22 04:25 PM
As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).
Ramba
05-22 03:15 PM
Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
Bill Gates voice was heard in the bill..I mean, the bill increased H1B visa to 115K .
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
Bill Gates voice was heard in the bill..I mean, the bill increased H1B visa to 115K .
sudiptasarkar
09-14 02:51 PM
I am trying to apply my AP (I-131) renewal. My current AP will expire on Oct 17 2009.
I had few questions about the form. Can someone please answer my queries?
Part 1
Q#3. Class of Admission: I used my AP to enter the country on Sep 7th 2009. I am currently working on EAD. What should I enter for this field?
Part 3
Q1. Date of Intended Departure: I do not have any trip planned right now. What should I enter for this question.
Q2. Expected Length of Trip: What should I enter for this question?
On Part 7 it says that
"On a separate sheet of paper explain how you qualify for an advance parole document, and what circumstances warrant issuance of advance parole."
Thanks
Sudipta
I had few questions about the form. Can someone please answer my queries?
Part 1
Q#3. Class of Admission: I used my AP to enter the country on Sep 7th 2009. I am currently working on EAD. What should I enter for this field?
Part 3
Q1. Date of Intended Departure: I do not have any trip planned right now. What should I enter for this question.
Q2. Expected Length of Trip: What should I enter for this question?
On Part 7 it says that
"On a separate sheet of paper explain how you qualify for an advance parole document, and what circumstances warrant issuance of advance parole."
Thanks
Sudipta
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