greencardfever
02-18 08:27 AM
Thanks a lot for all your answers!
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karthkc
02-29 11:26 AM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
kumarc123
11-24 10:31 AM
Listen,
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
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dvb
10-12 09:44 AM
Hi All,
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
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speddi
10-19 11:01 AM
According to my attorney, your PD need not be current to do the interfiling.
deleteuser
07-13 12:42 PM
Damn..F5 button on my keyboard needs replacing:D
You can use Opera, it has an Automatically Reload Page feature. Pretty useful these days :cool: :cool:
You can use Opera, it has an Automatically Reload Page feature. Pretty useful these days :cool: :cool:
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logiclife
07-01 03:12 PM
http://www.kpfk.org/index.php?option=com_content&task=view&id=260&Itemid=82&lang=en
You can hear it here.
At 4:20 EST, Immigration Voice will be covered.
--Jay.
You can hear it here.
At 4:20 EST, Immigration Voice will be covered.
--Jay.
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dealguy007
04-28 10:01 AM
yes, we should show "paying $1.5 Billion in income tax for an estimated 15-20 million illegals." means 1500M/20M = $75 per person ????
a Blog would be better in my opinion as groups requires signup and not easily searchable via internet.
a Blog would be better in my opinion as groups requires signup and not easily searchable via internet.
more...
CHHAYA
08-17 09:21 AM
I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.
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Radharamesh
04-22 05:06 PM
I have been working for company A for last three years and they filed for H1 extension with Vermont service center under premium processing and today my company fot a fax from USCIS asking some questions regarding my managerial qualifications even though they have filed my application based on senior analyst programmer position. In my department I am the only programmer under my manager. Others are data analyst person and they directly report to my manager. Here are the following questions that has been asked by the USCIS:
************************************************** ********
Provide a short answer to the following questions:
How many subordinate supervisors were under the beneficiary's management ?
What were the job titles and job duties of the employees managed ?
What executive / managerial and technical skills were required to perform the overseas duties ?
What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.
************************************************** ********
My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?
Did anyone received a letter like that before ?
Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?
How we should approach the answer to the above questions ?
Any uick help will be appreciated as we have to reply to USCIS very quickly.
thanks in advance
Radharamesh
************************************************** ********
Provide a short answer to the following questions:
How many subordinate supervisors were under the beneficiary's management ?
What were the job titles and job duties of the employees managed ?
What executive / managerial and technical skills were required to perform the overseas duties ?
What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.
************************************************** ********
My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?
Did anyone received a letter like that before ?
Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?
How we should approach the answer to the above questions ?
Any uick help will be appreciated as we have to reply to USCIS very quickly.
thanks in advance
Radharamesh
more...
desi3933
07-28 04:12 PM
You are incorrect. I suggest, you talk to attorney.
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
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rasknorr
01-14 11:25 AM
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Thanks guys a lot of userful information as always.
Thanks guys a lot of userful information as always.
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lacrossegc
08-23 04:52 PM
I always thought that FP has to be completed before an EAD is issued .... I guess I was wrong???
I have put in my I-485, I-140, AP and EAD applications on Aug 14th lets see ...
I have put in my I-485, I-140, AP and EAD applications on Aug 14th lets see ...
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hpandey
10-09 01:42 PM
If your I-94 expires you will be out of status ... it would be best if you take your new passport and travel outside immediatly before its expiration so that you can get a new I-94. The earlier IO probably didn't give you an I-94 till 2010 because your passport was expiring within 6 months.
I think you need to act on it urgently.
I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.
[QUOTE=gc_dreamer_485;180725]Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...
I think you need to act on it urgently.
I have the same issue. My wife I-94 was issued based on her passport expiry date and not on her I-797 expiry date. I called up my attorney and she told that the best way to deal with this issue is to travel out of the country. If anybody had renewed it without making a travel, please post here.
[QUOTE=gc_dreamer_485;180725]Hi Folks,
I had been to canada to get my Visa stamped for my 7th in March'07. At the time i was entering United States, the immigration officer did not issue the I-94 to the validity of visa since my passport was expiring on Oct 27th 2007...
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hopefulgc
08-14 10:41 AM
IV merchandise!!!
now we are talking!
^^^^
bump
please read paskal's post above.
now we are talking!
^^^^
bump
please read paskal's post above.
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nvssln
07-13 04:03 PM
To my observation they never released the bulletin on Friday. They kept us waiting until Monday. So, relax, njoy weekend and check back on Monday.
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TO BE OR NO TO BE
04-19 09:13 AM
Lets see waht happens....
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walking_dude
10-04 11:39 AM
I'm not from IL. ( I live in MI).
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
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sk2009
03-18 10:48 AM
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/
senthil
05-24 02:01 PM
a vermont contrib. thanks.
EkAurAaya
08-07 10:44 PM
Noone is forcing them to be ehre - you are saying. And I am saying: nobody should be forcing them out, either. They are ehre because they want to be here and because they want to discuss something with other people who are here - administrative problems or philosohpical issues.
Being here and being a part are two different things, you are either for or against a thing, if you are for eb improvement then be 100% for it - not i m EB2 so i support eb2 or I'm masters so i support masters, such discussions are fruitless and meaningless... we don't need this
'You should trust the organization in what they do' - you are saying. The organization should not be perceived as an abstract, 'know-it-all' deity that we, tiny humans have to blidnly follow. The organization is us collectively and we should not be following it, but leading it or at least taking it somewhere. Sometimes the road is straight and goes forward, sometimes there seem to be multiple roads that need exploring which may or may not coverge again. Sometimes the journey is not continuous and you need to stop, consult a map or a compass and realing yourself. There is nothing wrong with that. There should never be blind trust because that will sooner or later drive us all down the cliffs.
Everyone is intelligent enough to know whats right and whats wrong... if you feel what an organization is doing is wrong then do not associate yourself with it. If you see a cliff ahead then there is a good chance everyone else will see it too if there is one.... but dont start yelling i see a cliff i see a cliff (when there is none) follow me follow me and disperse the group
'If you have ideas talk to the core and discuss with them in person' - that is exactly what we are doing. Throwing around ideas and discussing them amongst ourselves. Sometimes the discussion is easy and disciplined and constructive and sometimes it is hard and confrontational and destructive. I think that if it is too confrontational or too destrcutive that indicates that not all is well within the group - I would refrain from calling it an organization just yet - and the ideas are not mature or ready yet and/or the group is not really cohesive and it is really not one group. Both of which are problems that need to be addressed and dealt with. By stifling discussion and censoring out ideas that you do not like, you are doing a disservice to the entire group because the group has to discover what is the cause of the destructive confrontation otherwise it cannot successfully function and fulfill its objectives.
You are not doing what you think you are... if you have solid ideas call the core, they know a lot more then what we do about how things work when it comes to lobbying. I guess you only have to look at the flower campane to know what organization and unity means, thanks to their efforts USCIS reversed there decision!
Being here and being a part are two different things, you are either for or against a thing, if you are for eb improvement then be 100% for it - not i m EB2 so i support eb2 or I'm masters so i support masters, such discussions are fruitless and meaningless... we don't need this
'You should trust the organization in what they do' - you are saying. The organization should not be perceived as an abstract, 'know-it-all' deity that we, tiny humans have to blidnly follow. The organization is us collectively and we should not be following it, but leading it or at least taking it somewhere. Sometimes the road is straight and goes forward, sometimes there seem to be multiple roads that need exploring which may or may not coverge again. Sometimes the journey is not continuous and you need to stop, consult a map or a compass and realing yourself. There is nothing wrong with that. There should never be blind trust because that will sooner or later drive us all down the cliffs.
Everyone is intelligent enough to know whats right and whats wrong... if you feel what an organization is doing is wrong then do not associate yourself with it. If you see a cliff ahead then there is a good chance everyone else will see it too if there is one.... but dont start yelling i see a cliff i see a cliff (when there is none) follow me follow me and disperse the group
'If you have ideas talk to the core and discuss with them in person' - that is exactly what we are doing. Throwing around ideas and discussing them amongst ourselves. Sometimes the discussion is easy and disciplined and constructive and sometimes it is hard and confrontational and destructive. I think that if it is too confrontational or too destrcutive that indicates that not all is well within the group - I would refrain from calling it an organization just yet - and the ideas are not mature or ready yet and/or the group is not really cohesive and it is really not one group. Both of which are problems that need to be addressed and dealt with. By stifling discussion and censoring out ideas that you do not like, you are doing a disservice to the entire group because the group has to discover what is the cause of the destructive confrontation otherwise it cannot successfully function and fulfill its objectives.
You are not doing what you think you are... if you have solid ideas call the core, they know a lot more then what we do about how things work when it comes to lobbying. I guess you only have to look at the flower campane to know what organization and unity means, thanks to their efforts USCIS reversed there decision!
