reddog
03-11 11:07 AM
This is illegal. Your not working at all for the employer who filed your Green Card is completely the wrong way to go.
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Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
krishnam70
02-22 12:48 PM
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
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mnkaushik
06-04 04:57 PM
Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.
more...
pappu
08-10 03:59 PM
we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.
All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.
chanduv23
06-12 09:32 AM
I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
more...
sriramkalyan
01-02 11:19 AM
!!! Canada!!!
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vikramy
09-21 03:41 PM
One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
more...
ocpmachine
07-06 04:41 PM
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
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RDB
01-09 12:38 PM
This is probably not true - you can always show the landing stamp (of your destination country) to prove that you were out of US. Every country will stamp your passport on arrival.
It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.
It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.
more...
gcisadawg
11-09 10:32 AM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
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werc
10-10 12:43 AM
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
more...
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chanduv23
07-11 02:42 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.
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txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
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w000f
05-19 12:30 PM
Good information but I feel that it doesn't matter anymore. Even if your visa number is up, your application will probably still sit in a warehouse while the acting director or whomever, keeps using the FBI namecheck backlogs to blind everyone of their inefficiency. :( Frustrated to a point of numbness.
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gapala
07-09 12:33 PM
is'nt an Advanced parol document a re-entry permit ???
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
more...
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Jeff Wheeler
11-30 01:11 AM
why would flash people move on to flex ? That makes no sense at all.
Either you have no idea what you're talking about, or you think you do, but you really don't.
Is this directed at me?
Either you have no idea what you're talking about, or you think you do, but you really don't.
Is this directed at me?
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YesGC_NoGC
06-20 09:35 AM
Thanks
I will see if they agree to that or I will skip this opportunity and look for something else.
What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?
I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
I will see if they agree to that or I will skip this opportunity and look for something else.
What is they give me similar title as in labor and add those duties that are in labor in addition to what is listed on the position? Would that be favourable case for AC21? or still there is big Risk?
I was looking at the SOC code for System Analyst and that's what it says.Also the code it shows is 15-1051 where as the labor shows 030-167014 - Not sure if these codes changed over the period of time.
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
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nagkad
09-03 12:19 AM
Got approval today.
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
first received CPO email and later received welcome email.
PD:12/14/2007
ND:09/11/2007
RD:08/01/2007
vamsi_poondla
10-17 03:04 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
andy_traps
03-26 07:31 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
Andy
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