prioritydate
08-14 01:04 PM
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
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sxk
11-19 02:12 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
jindhal
09-23 01:47 PM
tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
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mheggade
07-20 01:13 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
more...
thomachan72
10-04 02:42 PM
I was also at 10 and few weeks back went and changed to 12. As Tony pointed out I have been wondering about the liquidity issue if at all we were to withdraw early. They take off 30% (20 tax + 10% early termination fee). I do have a bit of company match but will not be enough to cover the 30% loss. I am thinking of cutting back to 5%.
The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.
The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.
neel_gump
01-29 12:02 PM
you should be lucky enough to get in 15 days :) my son's PIO took 5 weeks...
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mdmd10
09-16 01:35 PM
Did you see any LUD prior to this email?
No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.
I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.
No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.
I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.
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Munna Bhai
08-30 06:41 AM
Today i got REF regarding my GC .
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
Nobody gets RFE for so many documents, please tell us more about your PD etc and why you have not submitted these documents while filing for I-485. The more you open up, the better for everyone to help you. Ofcourse you need a lawyer who can help you.
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dealsnet
08-14 01:05 PM
It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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ritwik_ind
11-16 03:17 AM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
great... Thanks kirupa.
:)
great... Thanks kirupa.
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whiteStallion
05-15 03:16 PM
You are right. These certifications may add some value when applying for H1B Visa but not for GC Processing with USCIS. You can just ignore those certifications....
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
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Scythe
10-29 07:57 PM
Well you put tables in houses... so why not put them in websites?
(Going with the given assumption that websites inherit from houses somehow.)
(Going with the given assumption that websites inherit from houses somehow.)
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Ann Ruben
07-13 08:33 AM
Dear gc-rip,
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
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BharatPremi
11-08 11:30 PM
Dear IV members,
The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.
We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.
If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.
Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.
Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.
Sending you a PM.
The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.
We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.
If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.
Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.
Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.
Sending you a PM.
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indyanguy
01-13 10:39 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
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jayleno
09-25 11:15 AM
Awesome. If a picture is worth 1000 words, a cartoon is worth atleast 25000 to 50000 words approx.
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
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dog123
09-18 06:01 PM
I got receipt on August 29 and approval e-mail on Today (September 18th).
Rashesh
Rashesh
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wandmaker
08-24 11:50 AM
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
If number of hours worked and the agreed rate matches for that months salary slip then you have no way to prove that deduction is for GC processing - The company even can claim you have 'purchased' the holidays for the upcoming vacation. So, the way I see it - you need to generate the document to collect GC amount from your employer. (1) send out an email mentioning the amount and ask them to reimburse it (2) submit an expense reimbursement statement with your salary slips. During 1 and 2 - if your company says (by accident) they will not reimburse the amount then that's your proof.
If number of hours worked and the agreed rate matches for that months salary slip then you have no way to prove that deduction is for GC processing - The company even can claim you have 'purchased' the holidays for the upcoming vacation. So, the way I see it - you need to generate the document to collect GC amount from your employer. (1) send out an email mentioning the amount and ask them to reimburse it (2) submit an expense reimbursement statement with your salary slips. During 1 and 2 - if your company says (by accident) they will not reimburse the amount then that's your proof.
cat555
07-08 11:14 PM
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
prem_goel
09-07 06:49 PM
the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.
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