dealsnet
07-24 12:44 PM
If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
bbenhill
09-18 05:26 PM
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
LostInGCProcess, his I140 is not approve, how come he can use his EAD ?
AOS can only be use after his I140 is approved.
Thx
LostInGCProcess, his I140 is not approve, how come he can use his EAD ?
AOS can only be use after his I140 is approved.
Thx
TeddyKoochu
05-19 01:59 PM
How and how they can prove he is not going to do any work at the location, the client will not be charged for that?
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
kish006
12-27 09:13 AM
I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....
Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).
Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).
more...
nrk
10-26 11:38 AM
Is there is any way can we see the data.
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
HRPRO
01-18 09:30 AM
H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
more...
indyanguy
01-13 07:39 PM
Do they send you a copy of the original?
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
senthil1
05-18 01:14 PM
This is an excellent provision. I support giving exemption for PHds from H1b also. It is not that much easy to get Phd and very less people opt for phd. This should not get any opposition even from anti immigrants.
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
more...
boreal
09-23 01:02 AM
09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Wish they had something similar for AP too...anything? anyone?
If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.
Source: www.immigration-law.com
Wish they had something similar for AP too...anything? anyone?
sbdol
08-01 10:56 PM
...
My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.
For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.
Just MY 2Cents
2008 quota can never be used in 2007.
My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.
For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.
Just MY 2Cents
2008 quota can never be used in 2007.
more...
eb3retro
11-03 05:03 PM
I have applied for my H1B extension in july and got the approval in Aug...:D
premium processing???
premium processing???
ngopikrishnan
07-12 09:47 PM
AP and EAD Renewal Paper filed at TSC - Self Filed
USPS'd AP & EAD apps - 6/2
Reached TSC - 6/3
Receipt Date - 6/4
LUDs on AP & EAD apps - 6/11
AP Approval Email (for myself & spouse) - 6/29
LUDs on AP apps (for myself & spouse) - 6/30
APs (for myself & spouse) received on - 7/4
EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.
USPS'd AP & EAD apps - 6/2
Reached TSC - 6/3
Receipt Date - 6/4
LUDs on AP & EAD apps - 6/11
AP Approval Email (for myself & spouse) - 6/29
LUDs on AP apps (for myself & spouse) - 6/30
APs (for myself & spouse) received on - 7/4
EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.
more...
ItIsNotFunny
12-04 04:39 PM
Hope all is well there - I fly in there in 2 days.
It was more scare than reality. Security forces are searching....
It was more scare than reality. Security forces are searching....
voldemar
03-27 08:30 AM
you can volunteer for your future employer as long as there is no financial transactions involved.Then you are replacing american guy.
more...
zerozerozeven
04-10 03:29 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
h1bemployee
02-25 06:07 PM
I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.
what are the options for me?
can I apply for a H1b transfer?
please help
more...
waiting4gc02
02-21 11:53 AM
Satish,
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
Ramba
10-08 08:14 PM
Once a person accepts employment using EAD, he/she gives up non-immigrant status. Next time, when he/she applies EAD renewal he/she must write the present "immigration status" in the renewal from. That time he/she can not write "H4", while working on EAD.
Similarly, when working on EAD, you can not apply for H4 extension. All your" A" number indicates what status you are in to USCIS.
Similarly, when working on EAD, you can not apply for H4 extension. All your" A" number indicates what status you are in to USCIS.
WeldonSprings
05-27 01:48 PM
120 days, but 90 days atleast
Does anyone know how many days prior to expiration of EAD, we can file for extension?
Does anyone know how many days prior to expiration of EAD, we can file for extension?
insbaby
01-08 05:18 AM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
At the time of filing anything, give what is current.
USCIS knows this issue and thats the reason, they don't keep passport as a parameter in decision making, except a rule that it should be valid for n months while you file an application.
Plus, when you get a renewed passport, in the last page, your old passport number and file number are written in the "comments/notes" column to help officers to refer the old links.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
At the time of filing anything, give what is current.
USCIS knows this issue and thats the reason, they don't keep passport as a parameter in decision making, except a rule that it should be valid for n months while you file an application.
Plus, when you get a renewed passport, in the last page, your old passport number and file number are written in the "comments/notes" column to help officers to refer the old links.
spicy_guy
04-08 04:47 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
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