kumar1
12-08 01:23 PM
bump
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
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arihant
05-11 08:05 AM
The following question is posed at www.ktrh.com which is a website for a Houston AM talk radio. This radio station usually plays conservative programs including Rush Limbaugh. So, it is likely that mostly conservatives are visiting and voting on this website:
Should highly skilled workers move to the front of the immigration line?
The current poll results:
Yes: 59.56%
No: 40.44%
You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.
Should highly skilled workers move to the front of the immigration line?
The current poll results:
Yes: 59.56%
No: 40.44%
You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.
raysaikat
10-09 07:49 PM
...
He can stay here upto his i-94 legally...
This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.
So basically her husband cannot legally stay in US in his current status if the OP leaves.
He can stay here upto his i-94 legally...
This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.
So basically her husband cannot legally stay in US in his current status if the OP leaves.
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virald
08-14 12:13 PM
My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
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yabayaba
11-10 04:15 PM
This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application
Imm_Exploited
07-30 11:00 AM
I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
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hary536
05-20 11:28 PM
Dear Parshanthi Mam,
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
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wrldnw4me
05-26 11:32 AM
Thanks for the great work by the IV Core Team, QGA and all Senators and their staff.
Thanks once again
Thanks once again
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WaitingForMyGC
01-09 02:30 PM
It would definately move..but movement would be backward. :-)
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hsbaluja
09-24 01:48 PM
Backlog... This word is not in dictionary of USCIS.
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..
USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..
USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY
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reddysn
06-16 09:27 AM
My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
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hopefulgc
11-09 09:11 PM
Time and again I hear people here and everywhere complaining about how "everyone-who-is-a-citizen" is simply out to get them and exploit them.
HR is bad mouthed. Lawyer is called a single $ whore. the list goes on.
By no means you are wrong.... what y'all say is correct to every extent of the word... but do you believe its because they are doing it so. Take a moment, think and tell me if you honestly believe that.
When was the last time garbage smelled nice... i don't see any of us complaining about that. Seriously, who else is not out to get you. let me answer that... EVERY-- FU**IN---BODY
Point is, when some law-maker, anti-immigrant, citizen john doe, his wife mary hoe come to the site, she should see the reflection of our high education and quality of thinking in the forums here. They have to feel our maturiy, charisma and elevated thinking in the posts we leave here.
Think of yourself as the really smart good lookin guy and "all these poeple" as the duette you wanna go out with. For once, we have to stop being cry winches.. and let people know who we really are.....
<h1>AWESOME and DESIRED</h1>
No don't leave me red marks... i am one of you... but who believes in us all.
HR is bad mouthed. Lawyer is called a single $ whore. the list goes on.
By no means you are wrong.... what y'all say is correct to every extent of the word... but do you believe its because they are doing it so. Take a moment, think and tell me if you honestly believe that.
When was the last time garbage smelled nice... i don't see any of us complaining about that. Seriously, who else is not out to get you. let me answer that... EVERY-- FU**IN---BODY
Point is, when some law-maker, anti-immigrant, citizen john doe, his wife mary hoe come to the site, she should see the reflection of our high education and quality of thinking in the forums here. They have to feel our maturiy, charisma and elevated thinking in the posts we leave here.
Think of yourself as the really smart good lookin guy and "all these poeple" as the duette you wanna go out with. For once, we have to stop being cry winches.. and let people know who we really are.....
<h1>AWESOME and DESIRED</h1>
No don't leave me red marks... i am one of you... but who believes in us all.
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chris
12-31 04:11 PM
Is your PD is current ? Goodluck any how.
My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...
Here is the online status on my case:
Current Status: Case Transfered to Another Office for Processing
On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.
I guess its happening randomly though but does not mean anything.
My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...
Here is the online status on my case:
Current Status: Case Transfered to Another Office for Processing
On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.
I guess its happening randomly though but does not mean anything.
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PavanV
09-06 02:28 PM
Boss,
Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
(Satire included :))
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
(Satire included :))
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
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ghost
02-07 10:54 AM
Thanks for the update !
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
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chanduv23
03-06 01:08 PM
I will do that first thing Monday. Thanks for the initiative Pappu
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ayazali17
12-18 01:56 PM
Thanks for answering all my questions.
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gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
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immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
EndlessWait
01-10 03:00 PM
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
martinvisalaw
02-23 06:19 PM
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Make sure you speak with an attorney who files a lot of marriage-based cases.
Make sure you speak with an attorney who files a lot of marriage-based cases.
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