pappusheth
05-08 01:33 AM
i filed for EAD in early April this year. I could check the case status online and see it as "case received and pending". On the last day of April I received my EAD in mail but the status still showed the same.. There was neither soft nor hard LUD. Rather I checked it again today on May 7th and the status is still the same, no soft or hard lud..!
i think there's some disconnect.
i think there's some disconnect.
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guyfromsg
09-20 02:37 PM
Just got H1 7th year ext approved. Planning a trip to Chennai in Nov. Tried to get the VFS appointment and nothing is there for this year. There used to be an emergency appointment link and it's no longer there. Am I missing something?
gc_nebraska
01-08 11:53 AM
Hi Guys this is my first post and my problem is kind of weird , I entered in the US in 2001 on B1 visa and immediately converted it F1 while I was on F1 I got a job offer and
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
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angelfire76
03-21 09:59 PM
"USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?
Current employees of TARP banks who need to extend their H1B status.
more...
andy_traps
03-20 03:20 PM
The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.
http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php
Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?
Andy
The text of the article:
Kennedy says immigration bill will happen
California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
By DENA BUNIS
The Orange County Register
WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.
The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.
"It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''
Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.
"We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "
Villines attended the meeting with Kennedy but skipped the following news conference.
"If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.
When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.
That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.
President Bush supports such a plan despite vocal opposition from members of his own party.
Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.
Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.
Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.
"If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.
Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.
But Nu�ez said he doesn't favor such an approach.
Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.
"If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."
http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php
Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?
Andy
The text of the article:
Kennedy says immigration bill will happen
California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
By DENA BUNIS
The Orange County Register
WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.
The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.
"It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''
Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.
"We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "
Villines attended the meeting with Kennedy but skipped the following news conference.
"If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.
When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.
That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.
President Bush supports such a plan despite vocal opposition from members of his own party.
Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.
Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.
Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.
"If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.
Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.
But Nu�ez said he doesn't favor such an approach.
Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.
"If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."
ghost
09-21 04:27 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
more...
pa_arora
06-13 03:31 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.
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myimmiv
12-18 04:26 PM
I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
Thanks a lot truthinspector
Thanks a lot truthinspector
more...
wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
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tiredofh1bfraud
10-20 09:41 PM
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
more...
nixstor
11-17 09:38 AM
Guys.. It has to pass through the house still..
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arnet
02-26 04:10 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
more...
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xyzqwer
01-22 02:47 PM
I'm planning on applying for a new H1B, but the quota is almost over and there is a risk that I might get rejected again since its the same employer.
I wanted to know if I should apply for CP while in India, since my priority date is current.
Anyone know the CP timeline and how long it would take to finally get the GC?
I wanted to know if I should apply for CP while in India, since my priority date is current.
Anyone know the CP timeline and how long it would take to finally get the GC?
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nousername
12-15 09:11 PM
I was in similar (not same) situation years back.. The difference was that in my case only one company applied for my H1B transfer and I got the approval without i-94, just like you and I had to re-enter.
I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.
I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.
I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
more...
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Vic
10-11 12:12 PM
Hi everyone,
I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.
My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.
I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.
Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?
What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.
I received an RFE for my I-140 application from the Nebraska Service Center around the requirement for my Master's degree. I had completed all the necessary course work in Spring 2003 and have official letters from the director of the dept stating that I have completed my course requirements and will graduate in 2003. As luck would have it - there were major administrative delays and I finally got my degree in 2006.
My lawyer is concerned that in responding to the RFE - I might get a denial since the requirement was a Master's degree. But I have letters and on my official transcripts - it clearly shows that the last course work I attended in school was in 2003.
I am confused and feeling helpless since I am afraid that I will get a denial and will need to restart my entire process from scratch.
Has anyone been in a similar situation and gotten past it OR does someone have any ideas on how to get around this and come up with an RFE response that will get me the I-140 approval (EB2)?
What makes it worse is that I already have the AP and EAD documents for myself and my spouse approved in hand.......and am hoping that I do not go through this ordeal all over again - this is the 3rd time I am going through the entire process - the first two times was because of company layoffs.
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irukandji
04-04 07:16 AM
As veni001 stated to extend H1B beyond 6 yrs don't we need to have Approved 140? and you said your 140 was withdrawn after approval. So withdrawn 140 has no effect on H1B extension. Did you submit the 140 documents also to USCIS? my email id is kalyan.cdev at gmail.com please drop me an email with the details..
thanks
thanks
more...
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deepakjain
07-22 05:42 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
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coopheal
12-07 08:56 AM
My lawyer mentioned that we have to be in same or similar position at the time filing I-1485 and when its being adjudicated. After filing and before adjudicating we can be in any other position.
Is this correct?
Is this correct?
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chanduv23
10-30 11:48 AM
Come on washingtonians , wake up
Some pics and videos from NJ meet are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
Look at the crowd and get inspired
Come on folks, everyone to the meet
Some pics and videos from NJ meet are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
Look at the crowd and get inspired
Come on folks, everyone to the meet
sathishkrish
07-23 08:54 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
sands_14
04-04 02:01 PM
I e-filed,got my EAD in 2 months,AP in 5 months
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
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