diptam
02-10 10:25 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.
Best of Luck
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GC_1000Watt
12-03 02:43 AM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
Many congratulations. I will appreciate if you can share your experience in detail.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.
Thanks.
Many congratulations. I will appreciate if you can share your experience in detail.
1)The documents you carried along with you.
2)Hotel where you stayed
3)Did you have the tourist visa for mexico?
4)Did you get H1B for 3 years or less?
5)Questions VO asked.
Thanks.
puskeygadha
05-22 11:33 AM
My question was
how long after the comment period the rule will be implemented from
past experience
how long after the comment period the rule will be implemented from
past experience
2011 here but often Amore (Love
wandmaker
01-02 02:30 AM
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
more...
pappu
07-29 11:45 AM
My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.
But that petion is based on EB2 :p
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
But that petion is based on EB2 :p
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
abhijitp
01-24 04:17 PM
Hello everyone from SF Bay Area,
Please check out
http://immigrationvoice.org/forum/showthread.php?t=16806
I have obtained the permission to conduct a letters campaign at Fremont BART station on all weekday evenings beginning next week.
If you live on the East Bay and haven't written your letters, this is your chance!
You can:
1) write & sign your letters on your own, then just drop them off to the volunteers at BART station
2) simply sign your letters at the BART station- we will keep the letters ready for you!
Come on folks, you just need to show up there on one weekday evening in a span of 2 weeks!
Could we make this easier for you?
Please also spread the word among all your friends who take BART from the east bay. If you are closer to another BART station you are welcome to conduct a similar drive there. You need to take permission before you do.
Go here:
http://www.bart.gov/docs/FE_Permit_Application.pdf
BART is used by hundreds of immigrants everyday, we gotta exploit this opportunity!
Thanks!
Please check out
http://immigrationvoice.org/forum/showthread.php?t=16806
I have obtained the permission to conduct a letters campaign at Fremont BART station on all weekday evenings beginning next week.
If you live on the East Bay and haven't written your letters, this is your chance!
You can:
1) write & sign your letters on your own, then just drop them off to the volunteers at BART station
2) simply sign your letters at the BART station- we will keep the letters ready for you!
Come on folks, you just need to show up there on one weekday evening in a span of 2 weeks!
Could we make this easier for you?
Please also spread the word among all your friends who take BART from the east bay. If you are closer to another BART station you are welcome to conduct a similar drive there. You need to take permission before you do.
Go here:
http://www.bart.gov/docs/FE_Permit_Application.pdf
BART is used by hundreds of immigrants everyday, we gotta exploit this opportunity!
Thanks!
more...
kminkeller
03-09 01:51 PM
Thanks va_dude.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
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desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
more...
kumjay
06-28 03:58 PM
Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.
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nixstor
06-28 02:13 PM
I am not sure if I am reading this right or not, go this page
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
more...
sree_99
02-01 07:11 PM
Sorry, if this is already discussed mutiple times. I was not able to find any Info.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
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belmontboy
04-10 03:30 PM
source?
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hpandey
02-26 03:24 PM
Hello,
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.
That's strange that you got your EAD and AP but did not get the I-485 receipt. I think its time for you to call the USCIS helpdesk and if that doesn't prove helpful then take an infopass appointment to find out what's going on .
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.
That's strange that you got your EAD and AP but did not get the I-485 receipt. I think its time for you to call the USCIS helpdesk and if that doesn't prove helpful then take an infopass appointment to find out what's going on .
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nixstor
08-24 11:29 AM
http://boards.immigrationportal.com/showthread.php?t=222935
I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.
I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.
more...
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sunny26
02-23 11:31 AM
I already finished 14month 8days and still pending in NSC
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
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ashutrip
07-18 12:48 PM
how long does it take to get Hard Copy of labor Approval from atalanta center?
more...
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dealsnet
07-23 01:55 PM
AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
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linuxra
07-23 02:31 PM
I got an rfe on employment v l and history of 5 year in oct 2009 replied dec 2009
after that no update?how abt u?
after that no update?how abt u?
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hetuweb
10-24 08:15 PM
My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
Rb_newsletter
02-03 06:40 PM
We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
You should also quote medieval times examples here. So slashing H1b's heads could be justified.
My friend, 1929 is not equal to 2010. With all globalization happenings and trade dependability between countries this is not a fair treatment. This is modern world where export and import are essential and no one can stop it. In case of H1, knowledge is being imported into this country for whatever reason. I am shocked at your comment "proactively sending back". What they are doing is NOT proactive. If they want to act proactively, then they should send a letter communication revoking the H1 petition stating economical reasons even before going for stamping.
texcan
08-01 05:55 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
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